Ram Singh vs U.P. Corporation Ltd. and Executive Engineer, Vidut Bhandar Khand, U.P. Power Corporation Ltd.

Rakesh Tiwari, J.—The petitioner has bean transferred from Banda to Jhansi vide order dt. 22.5.03. He has not joined at his transferred place of posting for almost 3 years. He has also been issued letter to join at Jhansi but petitioner has not joined at Jhansi on the ground that his wife is suffering from Histerla and she is under medical treatment.

The petitioner has approached this court on the ground that his representation pending before authorities has not yet bean decided. In the representation, he has stated that his wife is under treatment for Histeria and he la living at Banda with his family. The wife is being looked after by the family members and there is no other person to look after her at Jhansi, as such the order of transfer be stayed.

It appears that Dy. General Manager (works and stores) vide his letter dt. 10.06.03 had also written to the executive engineer to consider the case of the petitioner sympathetically.

It is evident from the above facts that the petitioner has not obeyed the order of transfer for the last about 3 years. Admittedly, his wife is being looked after by the family members. Her treatment may continue at Banda where he is living with his family and other relatives. Transfer cannon be avoided on the ground that his representation is pending.

Transfer is an exigency of service. The petitioner ought to have joined at the transferred place of posting. No ground for interference in the writ jurisdiction under Article 226 of Constitution is made out.

The writ petition is dismissed. No order as to costs.