The Allahabad High Court while dismissing the petition said that the employees working in the clerical cadre in the offices of UP Basic Education Board can be transferred from one place to another as they are holding the post of district cadre.
A Single Bench of Justice Manjive Shukla passed this order while hearing a petition filed by Brijesh Kumar Shrivas.
The Petitioner through the petition has challenged the order dated 27.06.2023, whereby petitioner who is junior clerk has been transferred from the office of Block Education Officer, Bangra, District Jhansi to the office of Block Education Officer, Bamour, District Jhansi.
Counsel for the petitioner has submitted that the State Government has issued a transfer policy on 27.01.2020 wherein it is mentioned that the employees working in the clerical cadre in the offices of U.P Basic Education Board can only be shifted from one desk to another desk, whereas petitioner has been transferred from Block Bangra, to Block Bamaur.
On the other hand, counsel appearing for Respondents No 2 & 4 has vehemently argued that the transfer policy issued vide Government Order dated 27.01.2020 is available at page 17 of the petition and a bare perusal of the transfer policy it clearly comes out that the employees working in the clerical cadre in the offices of U.P Basic Education Board can be transferred from one place to another as they are holding the post of district cadre.
The Court observed that,
I have considered the rival submissions advanced by the counsels for the parties and I find that vide Government Order dated 27.01.2020 petitioner’s cadre has been declared to be district cadre and it has been provided that the employees working in the clerical cadre in the offices of U.P Basic Education Board can be transferred from one place to another within district.
A bare perusal of the transfer policy formulated vide aforesaid Government Order dated 27.01.2020 leaves no doubt that petitioner is holding post of district cadre and he can be transferred within the district from one place to another. I find that vide impugned transfer order dated 27.06.2023 petitioner has been transferred from one place to another within the district and therefore, I do not find any illegality or infirmity in the transfer order dated 27.06.2023.
“Transfer is an incidence of service and it is well settled through the catena of judgments of the Supreme Court that the employee who is holding transferable post, at any time can be transferred within his cadre. In the case petitioner has been transferred within his cadre and therefore, no infirmity can be traced out from the impugned order”, the Court said while dismissing the petition.