- (1.) Dr. Radhey Shyam Verma, petitioner is before this Court, assailing the validity of the transfer order dated 19.01.2016 passed by the State Government wherein in administrative exigency petitioner has been transferred to 100 Bed Joint Hospital Sirauli Goushpur Baranbanki on the post of Physician.
(2.) Petitioner is submitting before this Court that the post of Physician is inferior to post that is being held by him.
(3.) We have the occasion to peruse the order in question and as far as order in question goes, it only proceed to make mention that in administrative exigency, the State Government has proceeded to accord placement to petitioner to perform and discharge duties as Physician. There is no averment in the transfer order dated 19.01.2016 that in any manner grade pay and salary of petitioner has bee reduced. Once such is the factual situation, petitioner has been transferred in administrative exigency, and the authority who has pass the transfer order has got full competence to pass such order and there is no violation of any statutory rules and regulations and petitioner holds transferable post then in view of the settled law by Apex Court in the cases of Mrs. Shilpi Bose and others Vs. State of Bihar and others, 1995 71 FLR 1011; State of U.P. Vs. Gobardhan Lal, 2004 AIR(SC) 2165; Union of India and others Vs. Janardhan Debanath and another, 2004 4 SCC 245 and S.C. Saxena Vs. Union of India and others, 2006 9 SCC 583 no interference is being made in the matter;