The Lucknow Bench of the Allahabad High Court has stayed the transfer order of the husband working in the Public Works Department (PWD) from Unnao back to Kanpur Nagar till the next hearing.
A Single Bench of Justice Vivek Chaudhary passed this order while hearing a petition filed by Prafulla Srivastava.
The petitioner has approached the Court challenging the orders dated 19.12.2022 and 20.12.2022 whereby he has been transferred back to his earlier place.
The facts of the case are that by the transfer order passed in July, 2022, the petitioner was transferred from Kanpur Nagar to Unnao.
The said transfer was made on the request of the petitioner as his wife, a government employee, was also transferred to Unnao.
Thus, the petitioner joined Unnao in furtherance of his transfer order along with his wife.
Now, after six months, by the impugned transfer orders dated 19.12.2022 and 20.12.2022, the earlier transfer order is cancelled and the petitioner has been transferred back on the ground that earlier transfers made were more than 10% of the policy of the Government.
Counsel for the petitioner submitted that repeated transfers at a gap of six months cannot be made.
He further submitted that cancellation of transfer is also against the policy of the government as both husband and wife are to be transferred at the same place.
The Court granted four weeks time to file a counter affidavit.
Till the next date of listing, the operation of the impugned orders dated 19.12.2022 and 20.12.2022 shall remain stayed, the Court ordered.