No Class-IV Employee Should Normally Be Transferred Out Of District: Allahabad High Court

The Allahabad High Court on Monday observed that no Class-IV employee should normally be transferred out of the district. The Bench of Justice Vivek Chaudhary made this observation while setting aside a transfer order passed against a Class IV Employee as it noted that the same was punitive in nature.

Essentially, the petitioner Smt. Maya (a Class IV Employee) was transferred by State Medical Health Department from Lucknow to Kanpur by transfer order dated July 12, 2021, on administrative grounds, however, the officer responsible for her transfer did not give any reason whatsoever for transferring her.

Therefore, she approached the Allahabad High Court on the ground that Class-IV employee cannot be transferred so far away. Hearing her plea, the Court earlier directed that her representation against the said transfer order be considered and decided on merits.

However, while deciding the representation, a large number of allegations were leveled against her including that she remains on leave, she acts in a whimsical manner which causes disturbances in the work, etc.

Her counsel submitted before the Court that even presuming Class-IV employee is to be transferred on punishment, the same cannot be to a faraway place and has to be within the same district. It was further submitted is that the impugned order was also passed without providing any opportunity of hearing to the petitioner. 

Agaisnt this backdrop, the Court noted that allegations had been leveled against her in rejecting her representation against the impugned transfer order, and therefore, the transfer order was punitive in nature.

Therefore, stressing that no punishment can be awarded to the petitioner without giving any opportunity of hearing, the Court concluded that the impugned order can't stand.

"It is further to be noted that no Class-IV employee should normally be transferred out of the district. The department itself follows the said policy as is reflected in the transfer order dated 12.07.2021 itself, by which five Class-IV employees are transferred, three of them on personal request out of district, the fourth in public interest within the district and fifth, petitioner, is transferred out of district on administrative grounds. When the department is making out of district transfer only on request and otherwise accommodating persons within the district, there was no reason to transfer the petitioner out of district," the Court further added as it set aside the impugned transfer order.

Advocates Shreya Chaudhary, Nishi Chaudhary, and Rinku Kumar Verma appeared for the petitioner.

Case Title - Smt. Maya v. State Of U.P. Thru. Prin. Secy. Medical Health And Ors
Case Citation: 2022 LiveLaw (AB) 99

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