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Radhey Shyam Vishnoi v. State Of U.P. Thru' Its Principal Secretary And Others - WRIT - A No. - 52260 of 2007  RD-AH 16890 (25 October 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Anjani Kumar, J.
The petitioner, who was a member of Central Service, has filed this writ petition under Article 226 of the Constitution of India against the order dated 28th September 2007 passed by Director Local Bodies whereby one Sri Rakesh Kumar Maheshwari, Executive Officer, Nagar Panchayat Aminagar Sarai, Baghpat has been transferred and posted at Nagar Panchayat Niwari, Ghaziabad. The petitioner who says that he is holding the office of Executive Officer, Nagar Panchayat Niwari is already working as Executive Officer and that order by which Sri Rakesh Kumar Maheshwari has been transferred at Nagar Panchayat Niwari amounts to posting of two persons at the same place where there is only one post.
Learned counsel for the petitioner has not been able to demonstrate as to how the petitioner is aggrieved by the order of posting of Sri Rakesh Kumar Maheshwari. In this view of the matter no cause of action has arisen to challenge the order impugned in the writ petition by the petitioner. However, if the salary of the petitioner is not paid then the petitioner has a cause of action.
The writ petition has no force and is accordingly dismissed.
mhu - 52260/07
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