HRIDAY NARAYAN SINGH v. STATE OF U.P THRU. PRIN. SECY. DEPTT. OF ENERGY LKO. AND 5 OTHERS
WRIA/1145/2025 · 2025-01-28
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119784 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119784 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 5 Case :- WRIT - A No. - 1145 of 2025 Petitioner :- Hriday Narayan Singh Respondent :- State Of U.P Thru. Prin. Secy. Deptt. Of Energy Lko. And 5 Others Counsel for Petitioner :- Deepti Gupta Counsel for Respondent :- C.S.C.,Neerav Chitravanshi,Ran Vijay Singh Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondent no. 1, Sri Piyush Kishore, Advocate holding brief of Sri Neerav Chitravanshi, learned counsel for the respondent no. 2 and Sri Ran Vijay Singh, learned counsel for the respondents no. 3 to 6. Under challenge are the orders dated 21.10.2024, a copy of which is annexure 1 to the writ petition whereby the representation of the petitioner has been rejected. Also under challenge is the order dated 16.07.2024, a copy of which is annexure 3 to the writ petition whereby the petitioner has been transferred to Devi Patan Mandal, Gonda. Contention of learned counsel for the petitioner is that while the petitioner was working in the Purvanchal Vidyut Vitran Nigam Ltd, he had been transferred to the Madhyanchal Vidyut Vitran Nigam Ltd. vide order dated 26.06.2024, a copy of which is annexure 5 to the writ petition. Through an order dated 30.06.2024, a copy of which is annexure 5-A to the writ petition whereby the petitioner was allotted the Electric Workshop Region, Lucknow. The petitioner claims to have submitted his joining but subsequently, vide impugned dated 16.07.2024, the petitioner was transferred from the Electrical Workshop Region, Lucknow to the Devi Patan Mandal, Gonda. At the same time, the respondent no. 7 has been posted at Sultanpur. The petitioner filed a representation but the same has been rejected vide order impugned dated 21.10.2024 and hence the petition. The ground taken by the learned counsel for the petitioner in the instant writ petition is that it is a case of repeated transfer of the petitioner and that the respondent no. 7 has been accommodated at Sultanpur which could not have been validly done by the respondents.
Apart from the fact that the transfer is an exigency of service and an
employee does not have any right to remain at one place and such power of transfer should be exercised either in public interest or administrative exigency, it is the prerogative of the employer to post any employee at any place or any post where the employer himself feels that the employee would be able to discharge the duties effectively and the employee does not have a right to hold any post or to be posted at a particular place for the mere asking. The other aspect of the matter is that the Madhyanchal Vidyut Vitran Nigam Ltd whereby the petitioner has been transferred also include the Gonda and Sultanpur Division. The respondent no. 7 has been posted at Sultanpur while the petitioner has been posted at Gonda. There is no reduction either in the salary of the petitioner or any of his perks and once the transfer is an exigency of the service consequently, it cannot be said that merely because the respondent no. 7 has been accommodated at Sultanpur, the same has adversely affected the petitioner in discharging his duties at Gonda inasmuch as, as already indicated above, the Madhyanchal Vidyut Vitran Nigam Ltd includes the Gonda and Sultanpur Division. Considering the aforesaid, no case for interference is made out. Accordingly, the writ petition is dismissed. However, without prejudice to the aforesaid order, in case of any personal difficulty of the petitioner, it would be open for the petitioner to submit a representation for the redressal of his grievances and it would be open for being considered in accordance with law by the competent authority. Order Date :- 28.1.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench