BRIJESH NARAI TEWARI Vs. STATE OF U P

JUDGEMENT

(1.) -The petitioner is a Junior Engineer in Flood Division, Irrigation Department posted at Allahabad. This petition under Article 226 of the Constitution is directed against the transfer order dated 29-7-91 Annexure 3 by which petitioner was transferred from Allahabad to Bareilly Investigation Planning and Water Resources Division. Another order dated 3rd September, 1991 Annexure 4 by which the earlier transfer order was modified and petitioner was attached to Irrigation Division, Allahabad.

(2.) THE petitioner averred in the writ petition that there are Zones in the Irrigation Department, namely Restricted Zone and General Zone. THE Restricted Zones are classified in four categories : (i) Hill Division of U. P. (Kumaun and Garhwal area), (ii) Hill Division of Sonbhadra (Kaimur range of Vindhachal), (iii) Design Directorate Lucknow and Roorkee, and (iv) Attached posts in Divisions and Offices. THE petitioner stated that according to the G. O. and norms issued by the State Government, an employee in the Irrigation Department has to work for atleast six years in Restricted Zones. THE petitioner claims to have worked in Restricted area thereafter petitioner was posted in plain area zone known as General Area. THE State Government issued G. O dated 8th July 1991 by which the State Government issued guide-lines in the matter of transfer of the Government employees in the State. A copy of the G. O. is annexed as Annexure 1.

(3.) A counter affidavit has been Sled by the Chief Engineer Sri Majid Ali Siddiqui personally. It has been categorically stated that the petitioner comes under the cadre 'C which is a State Cadre and he can be transferred any where in the State of U. P. The factual aspect as stated by the petitioner in para 8 of the affidavit was denied. It was pointed out the petitioner remained at Basti from 20-12-77 to 30-6-83, Flood Division, Faizabad from 1-7 83 to 26-10-87 and at the time of passing of the transfer order, he had been working in Flood Division Allahabad since 3-11-87. Thus, it is clear that petitioner was not posited in Restricted area so far. The allegation of the petitioner that his transfer order to Bareilly was modified and cancelled at the instance of some influencial person there, who wanted to stay at Bareilly, is wrong. The petitioner's wife Smt. Ratan Tewari submitted a representation against the transfer order and on her request, the transfer order passed earlier was modified and petitioner was transferred and posted to another Division of Allahabad. As such, it is a local transfer only. The petitioner without working in Restricted Zone has already completed 13 years of working in working Zone. As such, it was considered necessary to transfer him from the last posting. The petitioner's representation was considered by the Chief Engineer. Irrigation, U. P. by order dated 19th November, 1991.. A copy of the order passed on the representation has been onnexed as Annexure 1 with the counter affidavit. The reason, facts and circumstances are fully considered in the order rejecting the representation