- (1.) HEARD the learned Counsel for the Appellant Sri Y.P. Yadav and Sri Mukund Tiwari, learned Additional Chief Standing Counsel.
(2.) THE Appellant while posted at Kursath, Unnao made a request for his transfer to Faizabad or Sultanpur through his wife, who was ailing with some heart disease. On the request aforesaid, the Appellant was first transferred to Antoo, Pratapgarh vide order dated 30.6.2007 and soon thereafter vide order dated 26.7.2007, the aforesaid order was modified and he was transferred to Sitapur. The writ petition filed by the Appellant has been dismissed by the learned Single Judge after observing that there appears to be some dispute between the Appellant and the Chairman, Nagar Panchayat, Antoo and, therefore, for smooth functioning of the department, the transfer has been effected.
(3.) SRI Y.P. Yadav, learned Counsel for the Appellant assailing the aforesaid order, submits that transfer on compassionate ground if was accepted by the State Government, then he ought to have been posted at the place asked for or the prayer could have been rejected in toto. The compassionate transfers lie strictly within the domain of the State Government or the competent authority, where Courts hardly interfere. Once a request is made by the Government servant for transferring him to a particular place on some genuine and compassionate ground, the State Government has the discretion to verify the correctness of such a claim and if satisfied, and finds it reasonable and feasible to accept such a request, such Government servant can be transferred and posted at the place, for which he has requested.;