- (1.) SHABIHUL Hasnain, J. This special appeal has been filed challenging the order dated 4. 11. 08 passed by the learned Single Judge, by means of which the writ petition preferred by the appellant against his transfer from Lucknow to Balrampur has been dismissed.
(2.) THE appellant, while was posted at Azamgarh, on completion of his tenure beyond three years i. e. almost after four years, was likely to be transferred in the annual chain of transfer and it appears, at that juncture he made some request for his transfer to Lucknow. THE transfer order dated 30. 6. 08 says that his transfer was effected on his request to Lucknow from Azamgarh. THEre were certain other persons who were holding the post of Entertainment Tax Officer Grade-II, were also transferred on their own request to Lucknow, namely, Ramesh Chandra Verma and Sri Suresh Kumar Upadhyaya. The appellant, in pursuance of the aforesaid order joined at Lucknow on 5. 7. 08 but on 19. 1. 08, another transfer order was passed transferring the appellant from Lucknow to Balrampur in public interest. Learned counsel for the appellant, assailing the order passed by the learned Single Judge, submitted that since the appellant was transferred on his own request from Azamgarh to Lucknow, therefore, soon thereafter he could not have been transferred to Balrampur and, in fact, this order has been passed only to accommodate two other persons at Lucknow.
(3.) SRI Mukund Tiwari, learned Addl. Chief Standing Counsel, has produced the record and submitted that no written request of the appellant for his transfer to Lucknow is available on record and that he has been transferred to Balrampur as the District Entertainment Officer at Balrampur had been relieved for joining at Uttarakhand and the Senior Inspector had taken over charge as such there was no Inspector at Balrampur and, therefore, the appellant has been transferred to Balrampur in public interest. Normally when a government servant makes a own request for his transfer to a particular place, it is the discretion of the Government, either to accept the request or not to accept the request but if the request is accepted then the government servant is to be posted at the place of his choice as given by him and once his request is accepted, he is to be allowed to continue at the place of request for a reasonable time, if not in perpetuity. But in a case where public interest demands or where it is found that in the interest of the service, such a transfer is necessary, there would not be any hard and fast rule that such a transfer cannot be made.;