SMT. LUXMI PANDEY versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Smt. Luxmi Pandey v. State Of U.P. & Others - WRIT - A No. 46563 of 2005 [2006] RD-AH 6808 (28 March 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Tarun Agarwala,J.

The petitioner has challenged the transfer order dated 14.6.2005 whereby she has been transferred from Varanasi to Ghazipur. It has been alleged that the transfer order was malafide as it was made to adjust the respondent No.5. A counter affidavit has been filed by the opposite party No.5 indicating that she had been working in Government Girls Inter College, Varanasi which was going to close down irrevocably and therefore, she had been adjusted in another college in place of the petitioner by the impugned order. In my opinion, the adjustment of the petitioner on the ground that the college in which she was working was going to close down is irrelevant and appears to be a malafide action on the part of the respondents. By adjusting a person the authority is uprooting another person for no rhyme or reason. If there was any vacancy in the Government Girls Inter College, Saidpur, Ghazipur, the respondent No.5 could have been sent there. Consequently, in the opinion of the Court, the transfer order, in so far as it relates to the petitioner  and the respondent No.5 are concerned is patently malafide.

The writ petition stands allowed. The order of transfer in so far as the petitioner is concerned is quashed.

Dated: 28.3.2006

AKJ.(WP 46563/05)

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