V.K. Khanna, R.K. Gulati, JJ. - (1.) THE petitioners are employed as Sachiv in various Town Areas in the district of Azamgarh. By an order dated 23rd August, 1988 the 10 petitioners and 20 other secretaries were transferred in pursuance of the policy laid down in Government order dated 16 -5 -1988 from that own Areas situated in the district of Azamgarh to other town areas in districts other than Azamgarh. In this writ petition the petitioners have challenged their transfer orders contained in the order dated 23rd August 1988 passed by the Additional Commissioner (Administration) Gorakhpur and also the Government order dated 16th May 1981 contained in Annexure "2" to the writ petition. Learned counsel for the petitioner has urged before us that the guidelines which have been laid down by the Government in the Government order contained in Annexure "2" are in contravention with the provisions of rules framed for governing the services of the employees of the town area committees, Reliance has been placed on rule 25 of the aforesaid rule - and it has been urged that it lays down the entire procedure and condition under which an employee of the town area can be transferred. It has been urged that erudition No. 3 laid down in the Government order dated 16th May 1988 is in conflict with the aforesaid rule 25 which no where provides that the commissioner can transfer an employee of the town Area committee on the grounds which have now been specified in condition No. 3 of the aforesaid Government order.
(2.) AFTER hearing learned counsel for the petitioners at some length we are of the opinion that the argument raised has no force. A bare perusal of rule 25(2) would clearly show that the commissioner of the Division is entitled to transfer an employee from the town area committee to another town area committee in the districts under his jurisdiction. Condition No. 3 only lays down guide lines for exercise of the aforesaid power by the Commissioner under rule 25(2) of the Rules. The aforesaid condition No. 3 provides that the Secretaries who are posted in the town areas which are in their home district should be transferred to another town area in another district unless they have less than two years for retirement The court can take judicial notice of the fact that the Government servants in the State of U.P. are not normally posted in their home districts and this is a well settled practice which is prevailing in the State since a very long time. Adopting the aforesaid policy while laying down guide line 3 in the Government order therefore, cannot be said to be either arbitrary or unreasonable requiring interference in exercise of our extra ordinary jurisdiction under Article 226 of the Constitution. For the reasons stated above we are of the opinion that is not a fit case for interference. The writ petition is accordingly dismissed in limine.;