DIVYA SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONERS, who had been performing and discharging duties as constable, have approached this Court, challenging the validity of order dated 18-12-2006, whereby they have been transferred from Varansi to District Chandauli.

(2.) LEARNED counsel for the petitioners contended that in the present case personal inconvenience would be caused to his clients on account of their transfer, as such transfer order is liable to be interfered with.

(3.) IN the case of Mrs. Shilpi Bose v. State of Bihar 1995 (71) FLR 1011 : (AIR 1991 SC 532), Hon'ble Apex Court has held that a government servant holding transferable post has no vested right to remain posted at one place or the other; he is liable to be trans ferred from one place to other. Transfer order issued by the competent authority do not vio late any legal right. Even if transfer order is passed in violation of executive instructions or orders, the Courts ordinarily should not in terfere with the order instead the affected party should approach the higher authorities in the Department.