NASEEM BANO Vs. STATE OF U P

JUDGEMENT

(1.) PRESENT writ petition has been filed by the petitioner questioning the validity of the order dated 20.12.2008 passed by District Basic Education Officer, Mirzapur proceeding to pass order of transfer transferring the petitioner in administrative exigency at Primary VidyalayaPuranipur Hardi, Madihan District Mirzapur. Brief background of the case is that petitioner has been performing and discharging duties as Headmistress at Primary Vidyalaya Adhwar City, District Mirzapur. On 15.11.2008 surprise inspection was carried out and at the said point of time the institution was found closed. In this background decision was taken to transfer the petitioner in administrative exigency to Primary Vidyalaya Puranipur Halid, Madihan District Mirzapur. At this juncture present writ petition has been filed. Learned counsel for the petitioner Smt. Kamla Singh, contended with vehemence that on 15.11.2008 petitioner had taken valid leave and for valid reason she was absent as such inspection shall not make foundation and basis for passing of the order, as such impugned order of transfer is liable to be quashed. Countering said submission, learned Standing counsel on the other hand contended that in administrative exigency order of transfer has been passed, as such no interference be made. After respective arguments have been advanced, first factual position which is emerging in the present case is that transfer order has been passed on 20.12.2008 and since then more than four months have elapsed and petitioner has not at all cared to comply with the said transfer order and has rushed up to this Court questioning the validity of the transfer order. Hon'ble Apex Court, in the case of S.C. Saxena Vs. Union of India and others reported in 2006(9) SCC, page 583 has held as follows: "In the first place, a Government Servant cannot disobey a transfer order by not reporting at the place of posting and then go to court to ventilate his grievances. It is his duty first to report for work, where he is transferred and make representation as to what may be his personal problems. This tendency of not reporting at the place of posting and indulging in litigation needs to be curbed." Here in the present case as admittedly petitioner has not joined and undisputedly in administrative exigency transfer order has been passed then at this stage defence of the petition cannot be examined as to whether she absented for valid reason or she absented herself for valid reason. Petitioner holds transferable post and the authority who has passed the order of transfer has got full authority to pass order of transfer and as there is no violation of any statutory rules and regulations, as such this Court refuses to interfere in the matter as per dictum of Hon'ble Apex Court in the case of Mrs. Shilpi Bose and others Vs. State of Bihar and others reported in 1995 (71) FLR 1011 (SC); State of U.P. Vs. Gobardhan Lal (AIR 2004 SC 2165); Union of India and others Vs. Janardhan Debanath and another reported in [(2004) 4 Supreme Court Cases 245. However it is made clear in case petitioner joins at the transferred placed within ten days from today then in that event the District Basic Education Officer, Mirzapur shall consider the conveniences/inconveniences of the petitioner raised by her by means of representation. The authority would be free to take decision for her not complying with the transfer order. Consequently present writ petition is dismissed.