CASE TITLE: Amit Kumar vs. State of UP & 2 Others 2023 LiveLaw (AB) 248 [Writ A No. 11797/2023]
DECIDED ON: 24.7.2023
CORAM: Hon’ble J.J. Munir,J
According to the Allahabad High Court, a transfer order that is claimed to be issued against the State policy cannot be contested through a writ jurisdiction, as it does not affect any statutory rights. The court clarified that State policies are administrative in nature and differ from laws enacted by the legislature, which possess a statutory nature.
The petitioner, a Senior Auditor in the office of the Director, Co-operative Societies and Panchayat Audit, Lucknow, U.P., was issued a transfer order in the name of ‘public interest.’ He challenged the transfer order because his wife, who is an Assistant teacher at a Government Primary School, was recently transferred to the same location to accommodate spouses at the same station as per the State Government’s transfer policy for 2022-23.
The petitioner’s counsel argued that the transfer, which placed him 200 km away, was arbitrary and not in line with the policy. They contended that the wife’s recent transfer to the same location should protect the petitioner’s right to be transferred nearby as well.
However, the Court referred to the Supreme Court’s decision in the case of State of U.P. and others v. Govardhan Lal, emphasizing that State transfer policies are administrative in nature and distinct from statutory rules. Violation of such policies does not entitle government employees to challenge them in a court of law.
CASE ANALYSIS AND DECISION
The Court made a distinction from the case of Ram Awadh Ram v. State of U.P. and another, which the Petitioner had relied upon. In that case, the transfer order was found to be in violation of the U.P. District Offices (Collectorates) Ministerial Service Rules, 1980, leading the Court to intervene. However, in the present case, as no violation of any statutory rule was proven, the Court declined to interfere with the transfer order. Nonetheless, the petitioner was granted the chance to join his new posting and present his concerns before the relevant authorities.
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Written by- Mansi Malpani