Allahabad High Court
U.P Prathmik Shikshak Sangh, Vikas ... vs State Of U.P. And 2 Others on 16 September, 2019
Author: Suneet Kumar
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- WRIT - A No. - 23872 of 2018 Petitioner :- U.P Prathmik Shikshak Sangh, Vikas Khand, Manda U.P., Through Its President Sri Muchkund Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shakti Swarup Nigam,Alok Kumar Srivastava Counsel for Respondent :- C.S.C.,Adarsh Bhushan Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner, an Association of Primary Teachers at Vikas Khand Manda, Uttar Pradesh, is assailing the transfer order dated 29 June 2018, transferring the third respondent from District Pratapgarh to District Allahabad.
Sri Adarsh Bhushan, learned counsel for the third respondent and the learned Standing Counsel have raised preliminary objection that the writ petition at the behest of an Association is not maintainable against the transfer order. It is further urged that the petition is not bona fide as on the enquiry report of the third respondent, the President of the Association, namely, Sri Muchkund Mishra, came to be suspended. The instant petition has been filed to settle scores with the third respondent.
On being confronted with the submission, learned counsel for the petitioner is unable to satisfy the Court that writ petition at behest of an Association would be maintainable challenging transfer order of an employee. Association cannot be an aggrieved person.
In view thereof, the Court declines to exercise its discretionary jurisdiction under Article 226 of the Constitution of India.
The writ petition is accordingly dismissed.
Order Date :- 16.9.2019 Atul