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Janak Singh v. State Of U.P. & Others - SPECIAL APPEAL No. - 1381 of 2007  RD-AH 16742 (23 October 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CIVIL APPELLATE JURISDICTION
Special Appeal No. 1381 of 2007
Jank Singh, Son of Sri Late Tufani Singh, Resident of Village
Laharpur, P.O. Lharpur, District Azamgarh.
1. State of U.P. through Secretary (Agriculture) U.P. at Lucknow.
2. Additional Director of Agriculture (Administrative) U.P. at Lucknow.
3. District Agriculture Protection Officer, District Azamgarh
4. Deputy Director of Agriculture Head Office U.P. at Lucknow.
Present : R.C. Dwivedi, for the Appellant,
Standing Counsel, for the State-Respondents.
Coram: Hon'ble H.L. Gokhale, CJ.
Hon'ble Pankaj Mithal, J.
Oral Judgement (Per: H.L. Gokhale, CJ.)
1. Heard Sri R.C. Dwivedi, learned counsel for the appellant in support of the appeal and the learned Standing counsel for State of U.P.
2. The appellant is a class four employee who has been transferred from District Azamgarh to District Allahabad.
3. Earlier on his request the petitioner was transferred to Azamgarh considering his difficulty. He challenged his transfer to Allahabad order by preferring a writ petition which has been dismissed by the learned Single Judge. Hence, this appeal is filed.
4. We have heard learned counsel for both the parties.
5. Way back in the case of B. Vardha Rao Vs. State of Karnataka in AIR 1986 SC 1955 the Apex court has observed that as far as the Class III and Class IV employees are concerned, to the extent possible they should be treated differently from class I to class II employees in the matter of transfer. The appellant is a lowly paid employee and prima-facie there is no reason as to why he should be transferred outside the district as has been done.
6. The appeal is allowed. The impugned order is set aside. The transfer order also stands quashed. The appellant will be retained in district Azamgarh.
(Pankaj Mithal, J.)
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