SHASHI RAI SMT Vs. STATE OF U P

JUDGEMENT

(1.) Heard Counsel for he petitioner and perused the record.

(2.) The petitioner alleges to be an Auxiliary Nurse and Midwife a present posted a Duddhhi, District Sonebhadra. The grievance of the petitioner is that by the impugned order dated 22.11.2003 alleged to be passed under political pressure she has been transferred with immediate effect from the Community Health Centre, Duddhhi, District Sonebhadra to the Primary Health Centre, Nagwan in the same district. She alleges the her transfer in mid-academic session from Community Health Centre, Duddhhi to Primary Health Centre, Nagwan which is more than 130 Kms. away from Duddhhi where her son is studying in Class VI will adversely affect the study of her son specially when his annual examination has to commence within three months.

(3.) Transfer of Government servants is the exigency of service and this Court normally does not interfere with the same unless and until the transfer order is arbitrary and mala fide. The petitioner was posted at Duddhhi in March, 2000 and by the impugned order she is being transferred from there after about four years, which cannot be said to be arbitrary or mala fide.