Smt. Asha Kumari vs Director Medical Health and Family Welfare Government of Uttar Pradesh and Others

D.S. Sinha, J.—Heard Sri V.C. Misra, learned Senior Advocate endearing for the Petitioner.

The Petitioner is a staff Nurse. She is aggrieved by the order dated 30th January, 1992 annexure ''1'' to the petition, whereby she has been transferred from Women Hospital, Gorakhpur to B.R.D. Medical College, Gorakhpur.

The contention of the Petitioner is that the order is arbitrary and discriminatory in as much as two Staff Nurses, namely, Smt P. Onkar and Smt. Mitral Kaur, who are posted at Government Women Hospital, Gorakhpur have not been transferred for 15 to 16 years and when they were transferred their transfer order was cancelled. The Petitioner also contends that the impugned order of transfer is against the Government policy contained in the Government orders dated 27th July, 1986 and 31st March, 1989, copies whereof are annexure ''5'' and ''4'' to the petition respectively. The further contention of the Petitioner is that the order is not in public interest as is recited in the impugned order.

In view of the decision of the Hon''ble Supreme Court of India rendered in the case of Gujarat Electricity Board and Another Vs. Atmaram Sungomal Poshani, it will not be sound exercise of discretion under Article 226 of the Constitution of India to interfere in the matter of transfer of a Government employee appointed to a cadre of transferable posts as his transfer from one place to the other is merely an incident of service which he is obliged to accept. However, in case of genuine grievance the proper remedy for the aggrieved Government employee is to approach the higher authorities by means of a representation. In the instant case, it is not disputed that the Petitioner holds a transferable post and is liable to be transferred under the conditions of her service.

For these reasons, this Court declines to interfere with the impugned order of transfer. The Petitioner, if she so likes, may approach the appropriate higher authorities by means of a representation which, this Court trusts, will be disposed of expeditiously and having due regard to the various Government orders relied upon by the Petitioner.

Subject to the observation made above, the petition is dismissed in limine.