MATADIN MAURYA Vs. STATE OF U.P.

JUDGEMENT

(1.) The brief facts of the case are that initially the petitioner was appointed as Assistant Consolidation Officer in the year 1994 and had worked on the said post since 07.09.1994 to 24.07.1997 at district Banda and thereafter he has been promoted on the post of Consolidation Officer and had worked since 25.07.1997 to 24.07.2004 at district Azamgarh and in District Hamirpur from 05.07.2008 to 20.05.2012 and in district Lucknow from 21.05.2012 to 25.07.2012 and thereafter he has been further promoted on the post of Settlement Officer consolidation and posted at Allahabad since 26.07.2012 till the passing of the transfer order dated 26.06.2014 whereby the petitioner has been transferred from District Allahabad to Lalitpur.

(2.) Against the transfer order dated 26.06.2014, the wife of the petitioner, who claims to be an Assistant Teacher in Arya Kanya Intermediate College, Allahabad has made a representation dated 27.06.2014 before the respondent no.1-Principal Secretary, Revenue Department, U.P. Lucknow stating therein that she is also a government servant posted in Allahabad, hence in light of Clause 1-D of the transfer policy, the petitioner is entitled to be transferred at the said place and further that the prescribed period under the policy having not expired, it would be a mid term transfer insofar as it relates to the petitioner. Thereafter the petitioner has filed Writ Petition No. 941 (SB) of 2014 [Matadin Maurya Vs. State of U.P. and others] and the Division Bench of this Court after hearing the learned counsel for the parties on 07.07.2014 has passed the following order:

(3.) Thereafter the wife of the petitioner through her representation dated 11.07.2014 has served the certified copy of the order dated 07.07.2014 in the office of respondent no. 2, which has been received in the office on 16.07.2014. In the said representation the wife of the petitioner has stated that she is working as Assistant Teacher in Arya Kanya Inter College, Mutthiganj, Allahabad. Her daughter and son are studying in class 11th and 8th respectively. Her father-in-law had died and her mother-in-law aged 85 years is living with her. Her mother-in-law often remains ill and she is also the patient of Thyroid, High Blood Pressure and Depression, therefore, keeping in view the devotion, hard working and honesty of her husband, prays that the transfer of her husband from district Lalitpur be cancelled and if possible he may be posted at Varanasi, Kaushambi or Kanpur.