- (1.)WRIT Petitioner-appel­lant, aggrieved by order dated 11.12.2007 passed by a learned Single Judge in Writ Pe­tition No. 7896(S/S) of 2007, has preferred this Appeal under Rule 5 Chapter VIII of the High Court Rules.
(2.)SHORT facts giving rise to the present Ap­peal are that the writ petitioner-appellant, (hereinafter referred to as 'the petitioner'), is Forest Guard and by order dated 19th September, 2007 he was directed to join at Dudhwa National Park after he had under­gone training w.e.f. 01.01.2008. He chal­lenged the aforesaid order, inter alia, contend­ing that his transfer from Lakhimpur Kheri to Dudhwa National Park is bad in law, as he was transferred to Lakhimpur Kheri earlier on 08.01.2005 on the ground of illness of his wife. The aforesaid submission did not find favour with the learned Single Judge and he dismissed the writ application inter alia ob­serving as follows :
"The order of transfer passed on compas­sionate ground does not mean that the em­ployee has got right to remain posted at a particular place for unlimited period. Already two years have elapsed after the petitioner was posted on transfer on compassionate ground at Lakhimpur Kheri and the authori­ties have got right to transfer him."

Mr. A.M. Tripthi appearing on behalf of the appellant submits that once the petitioner was transferred on compassionate ground, he ought not to have been transferred again and directed to join at Dudhwa National Park. In support of the submission, he placed reliance on a judgment of this Court dated 12.10.2007 passed in Special Appeal No. 849(S/B)/2007 Sripati Yadav v. State of Uttar Pradesh and others. Our attention has been drawn to the fol­lowing passage from the said judgment.

"Here in the instant case on compassion­ate ground the petitioner has been transferred only on 15.12.2005 in pursuance of which he had joined the transferred place on 25.01.2006 but in a decision taken to the ef­fect that all the employees who were work­ing earlier in Dudhwa National Park be posted there he has also been transferred to that place. We find that the order appears to have been passed without considering the plea that he was transferred on compassionate grounds. We, therefore, set aside the order dated 24.09.2007 passed by learned Single Judge and quash the order of transfer dated 29.06.2007. Appellant shall be allowed to remain at the present place of posting at least for a period of one year and thereafter as the case may be, and if, his transfer is required, in exigencies of services, the same be considered, but not without taking into account, that the petitioner has been posted at the present place, on compassionate ground."

(3.)WE do not find any substance in the sub­mission of the learned counsel for the appel­lant and the decision relied on is clearly dis­tinguishable. Petitioner was transferred to Lakhimpur Kheri on 08.01.2005. He has been asked to join at the transferred place w.e.f. 1st January, 2008, therefore, he has not been directed to join at the transferred place im­mediately after he was transferred on com­passionate ground to Lakhimpur Kheri. We are of the opinion that once an employee is transferred on compassionate ground at a par­ticular place, he does not have the right to continue at that place of posting till perpetu­ity. It cannot be said as an absolute proposi­tion of law that once an employee is trans­ferred on compassionate ground, he cannot be transferred. However, we hasten to add that if the request of transfer of an employee has been accepted unless, overriding reasons ex­ist he may not be transferred immediately. In our opinion, exigency of service may demand his transfer from the place where he was posted on compassionate ground. We are en­tirely in agreement with the view of the learned Single Judge that authorities shall not be precluded from transferring an employee when on an earlier occasion, he was trans­ferred on compassionate ground.