Rajkumar v. State of U.P. and 2 Others

Court No. - 33 Case :- WRIT - A No. - 17955 of 2023 Petitioner :- Rajkumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhanshu Kumar Singh Counsel for Respondent :- C.S.C.,Abhishek Srivastava,Krishna Agarawal Hon'ble J.J. Munir,J. Heard Mr. Sudhanshu Kumar Singh, learned Counsel for the petitioner, Mr. Abhishek Srivastava, learned Counsel appearing on behalf of respondent no. 2 and Mr. Krishna Agarwal, learned Counsel for respondent no. 3. The petitioner has moved the respondents seeking his transfer from Amroha to Kanpur. The petitioner is a Junior Engineer, serving the Paschimanchal Vidyut Vitran Nigam Limited. He is posted at the Vidyut Vitran Nigam Limited, Gajraula-II, Amroha. The ground for voluntary transfer is the ill health of the petitioner's wife and the fact that she is undergoing treatment at the Medical College, Lucknow. These are the matters which fall within the domain of the employer and unless the petitioner is able to show a statutory right to enforce, it is not possible for this Court to issue a writ in a transfer matter. After considering the circumstances, it is ordered that the Managing Director, U.P. Power Corporation Limited, Lucknow before whom the petitioner's application dated 21.08.2023 is pending, shall pass appropriate order, in accordance with law within fifteen days of date and shall communicate the orders made to the petitioner, within a week of recording his decision. This writ petition is disposed of in terms of the aforesaid orders. Let this order be communicated to the Managing Director, U.P. Power Corporation Limited, Lucknow by the Registrar (Compliance) within 48 hours. Order Date :- 1.11.2023 Deepak High Court of Judicature at Allahabad