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RAM LAL VERMA versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Ram Lal Verma v. State Of U.P. And Others - WRIT - A No. - 68264 of 2006 [2007] RD-AH 18219 (22 November 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Civil Misc. Writ Petition No. 68264 of 2006

Ram Lal Verma Vs. State of U.P. and others

Hon'ble S. Rafat Alam, J.

Hon'ble Sudhir Agarwal, J.

In the instant petition the petitioner has come up against the order of the Director General Medical & Health Services, respondent no. 2 dated 30.08.2005 deciding the representation of the petitioner in compliance of this Court's order dated 18.05.2005 passed in Writ Petition No. 40638 of 2005, preferred against the order transferring the petitioner from Basti to Shahjahanpur.

Learned counsel for the petitioner contended that the petitioner has only been transferred from Basti whereas there are many Pharmacist who are senior to the petitioner but they have been allowed to continue at Basti.

We do not find any force in the submission for the reason that the order of transfer was passed since the petitioner was surplus at Basti and thus, the order of transfer being an administrative exigency, there appears to be no reason to interfere with the same. It further appears from the impugned order that the representation was made only on two grounds, i.e., children's education and Shahjahanpur is a distant place from his home district. Both these aspects have been considered and the transfer being on account of the fact that he is surplus employee, we do not find any fault in the order of transfer.

It is not in dispute that the petitioner holds the transferable place and thus the transfer, being an incident of service, cannot be interfered by this Court. There is no allegation in the writ petition that the impugned order of transfer is made on account of some extraneous consideration or in violation of any statutory provision. Thus we do not find any reason to quash the order of transfer.

At this stage, Sri Amit Kumar, holding brief on behalf of Sri P.N. Singh, learned counsel for the petitioner submits that pursuant to the order of transfer the petitioner has already joined at the transferred place i.e. Shahjahanpur. Thus, for this reason, this petition has lost its efficacy also.

The writ petition, being without merit, is dismissed.

Dt/-22.11.2007

AK


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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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