Allahabad High Court
Abhai Raj Singh vs State Of U.P. And 3 Others on 24 September, 2019
Bench: Shashi Kant Gupta, Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- SPECIAL APPEAL No. - 966 of 2019 Appellant :- Abhai Raj Singh Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Santosh Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Shashi Kant Gupta,J.
Hon'ble Saurabh Shyam Shamshery,J.
At the very outset, learned counsel for the appellant pointed out that in the transfer order dated 2019, the name of the petitioner has been wrongly mentioned as Abhai Raj Yadav in place of Abhai Raj Singh.
The name of the appellant shall be read as Abhai Raj Singh in place of Abhai Raj Yadav.
The present Special Appeal has been filed challenging the order dated 30.7.2019, passed in the writ petition No. 11272 of 2019 filed by the appellant challenging the order of his transfer dated 29.6.2019,whereby he has been transferred from Kaushambi to Hamirpur, has been dismissed.
Heard the learned counsel for the appellant and learned Standing Counsel and perused the record.
From perusal of the record, it transpires that the appellant, who is working as a District Agriculture Officer at Kaushambi since 2015, has been transferred from Kaushambi to Sonbhadra by order dated 29.6.2019. The said order was challanged by the appellant mainly on the ground that he had suffered a brain stroke in 2015 and is partially paralyzed and is receiving medical care.
It has not been disputed that the appellant holds a transferable post and is continuing in the same district i.e. Kaushambi for the last four years and the transfer order has been passed in accordance with the transfer policy on administrative grounds. Learned Single Judge while passing the impugned order, has already granted liberty to the appellant that in case appellant joins at the transferred place forthwith, it would be open for him to represent his grievance against the order of transfer highlighting his personal difficulties before the authority concerned within a week of his joining, the said authority will examine the appellant's grievance in terms of the transfer policy as well as exigency of work by way of a reasoned order within a further period of six weeks thereafter. But it appears that instead of joining his service at the transferred place i.e. Sonbhadra in pursuance of the aforesaid order of learned single judge and approaching the concerned authority by filing an application ventilating his grievances, if any, he chose to file this special appeal after more than one and half months challenging the order of learned Single Judge dated 30.7.2019 and till date the appellant has not bothered to join the the service at the transferred place i.e. Sonbhadra. The conduct of the appellant deserves to be deprecated.
We do not find any illegality or perversity in the impugned oder passed by the learned Single Judge.
The appeal , being devoid of merits, is hereby dismissed.
Order Date :- 24.9.2019 MLK