Allahabad High Court
Raj Kumar Sharma vs State Of U.P. And 3 Others on 15 July, 2019
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - A No. - 7892 of 2019 Petitioner :- Raj Kumar Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Srivastava,Archana Srivastava Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
Petitioner is a Forest Range Officer, who was attached for a particular exigency at Etah, vide order passed by the competent authority on 12th February, 2019. This attachment has been withdrawn by an order of the Divisional Director, Social Forestry Division, Etah on 10th May, 2019, with which the petitioner is aggrieved. Hence, this writ petition.
Learned counsel for the petitioner submits that the order of attachment was passed by the Additional Principal Chief Conservator of Forest, Agra Zone, Agra while the order impugned has been passed by the Divisional Director, who is an authority, much junior to the appointing authority of the petitioner and, therefore, the order impugned is bad in law.
Learned Standing Counsel was permitted time to obtain instructions in the matter. Instructions have been furnished, which are taken on record. As per instructions furnished, an order of transfer has been passed by the Principal Chief Conservator of Forest, U.P., Lucknow on 10th March, 2019, whereby petitioner has been transferred from Agra Zone to Balrampur. This order of transfer is not under challenge. It is submitted by learned Standing Counsel that petitioner's attachment was on the premise that petitioner was posted at Agra but once he has been transferred to Balrampur, the consequential relieving by the Divisional Director of the concerned Division, is absolutely justified.
Learned counsel for the petitioner submits that last pay certificate has not been issued to the petitioner and certain complaints made by him is not being attended.
Be that as it may, this Court finds that an order of transfer has already been passed against the petitioner, whereby he has been sent to Balrampur. This order of transfer has been passed by the competent authority i.e. the Principal Chief Conservator of Forest, U.P., Lucknow. The order dated 10th March, 2019 is not under challenge. Even otherwise petitioner has been continuing at Agra for nearly 12 years, therefore, there would be no occasion for this Court to interfere with the order of transfer. In such a situation, if petitioner's attachment to a particular zone in Etah is revoked, this Court finds no error in it, particularly as the earlier attachment was on account of petitioner's posting in Agra itself which has seized to exists. Petitioner, therefore, cannot have any grievance, if his attachment has been withdrawn.
In the facts and circumstances, it is provided that in case petitioner joins within a week from today at Balrampur, the authority concerned shall ensure that petitioner's last pay certificate and other documents are transmitted to the concerned office, within four weeks, thereafter. The writ petition, stands disposed of, accordingly.
So far as the other complaints of the petitioner is concerned, this Court need not examine the same, inasmuch as, the grievance in the writ petition relates to a decision of the employer to transfer him, which has already been affirmed.
Order Date :- 15.7.2019 Ranjeet Sahu