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SRIPAL versus UNION OF INDIA AND OTHERS

High Court of Judicature at Allahabad

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Sripal v. Union Of India And Others - WRIT - A No. - 55237 of 2007 [2007] RD-AH 17565 (6 November 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Writ petition no.55237/2007

(Sripal Vs. State of U.P. and others)

Hon'ble Sudhir Agarwal, J.

The petitioner has been posted as Telephone Mechanic at City Office of S.D.D.P. Model Town , Ghaziabad. By means of the impugned order dated 7.9.2007, he has been transferred to Telephone Exchange, Muradpur,. Nizamsar, office of S.D.O.P. (G/E) Hapur. The grievance of the petitioner is that he is a Class III employee working on the post of Telephone Mechanic and has been transferred 70 Km. as well as, his mother is old and his wife is ill and younger children are studying at Ghaziabad, therefore, the impugned order of transfer is liable to be set aside. Learned counsel for the petitioner did not dispute that he holds a transferable post and is liable to be transferred. The impugned order of transfer has also been passed by a competent authority and it is not the case of the petitioner that it is vitiated on account of mala fide. In this view of the matter, I do not find any reason to interfere with the impugned order inasmuch as, if a post is transferable under the conditions of service, one can be transferred from one place to other. So far as personal grievances of the petitioner are concerned, in this regard it is always open to the employee to approach the higher authorities. It is said that the petitioner has already made a representation dated 27.9.2007 to the General Manager, Ghaziabad, respondent no.2 which is still pending.

Since the order of transfer does not suffer from any error factual or legal, the writ petition is dismissed. However, it will not preclude the higher authorities to look into the grievance of the petitioner and pass appropriate order on his representation in accordance with law.

Dated: 6.11.2007

akn.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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