Court No. - 5 Case :- WRIT - A No. - 1407 of 2025 Petitioner :- Rajiv Kumar Agarwal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pranesh Kumar Mishra Counsel for Respondent :- Abhishek Srivastava,Brajesh Pratap Singh,C.S.C. Hon'ble Ajay Bhanot,J. Heard Shri Pranesh Kumar Mishra, learned counsel for the petitioner, Shri Abhishek Srivastava, learned counsel assisted by Ms. Suramya Srivastava, learned counsel for the respondent no. 2, Shri Brajesh Pratap Singh, learned counsel for the respondent no. 3 and learned Standing Counsel for the State. The petitioner has assailed his transfer from District Bulandshahar to District Varanasi. The petitioner is suffering from a medical condition which has led to his absence from work. Consequently, the work at the power house at Bulandshahar has suffered. Further, district Bulandshahar where the petitioner was earlier posted does not have advance medical facilities. There is a requirement of qualified hands in district Varanasi. Varanasi has good medical facilities which will benefit the petitioner. Hence, in the interest of the institution and the welfare of the employee, the petitioner has been transferred from Bulandshahar to Varanasi. The submission of learned counsel for the petitioner is that the transfer is in the teeth of the orders passed by the Supreme Court in I.A. No. 76, 77, 79-81 in Writ (C) No. 79 of 1997 dated 21.03.2007 as also an order passed by this Court in Writ Petition (Civil) No. 35104 of 2015 is misconceived. The Supreme Court by order dated 21.03.2007 while issuing a direction not to effect transfer without approval of an independent committee has carved out an exception which reads as under:- "If on account of promotions, new recruitment, retirement and wastage, disciplinary action and emerging and genuine medical grounds of staff, transfers/ postings become inevitable they should be done in accordance with the TP. Such transfer/ postings should be reported ex post facto at intervals of three months to a committee comprising two senior Secretaries to the Government of U.P., one of whom shall be the Secretary in charge of Power in the State Government. While so reporting the managements of the Corporation shall give written justification in respect of each posting in the format prescribed by the IC in its deliberations;" Shri Abhishek Srivastava, learned counsel assisted by Ms. Suramya Srivastava, learned counsel for the respondent no. 2 submits that the post facto approval shall be taken forthwith from the independent committee within the prescribed period. The case of the petitioner is covered by the above said exception created the Supreme Court. It is settled law that transfer is an incident of service. The scope of judicial review in regard to transfer is limited. The order of transfer can be assailed on the limited grounds of malafides or infraction of statute. The said grounds are not established. No employee has a vested right to be transferred to any place of his/her choice. The transfer policy does not confer any enforceable rights upon the petitioners. No interference is warranted in the impugned order of transfer. The writ petition is dismissed. Order Date :- 5.2.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad