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Arun Kumar v. State Of U.P. & Others - SPECIAL APPEAL DEFECTIVE No. - 1026 of 2007 [2007] RD-AH 18294 (27 November 2007)

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Special Appeal (Defective) No. 1026 of 2007


Hon'ble H.L.Gokhale,CJ

Hon'ble Pankaj Mithal,J

Date: November 27, 2007


1. Heard Mr. A.C. Tiwari in support of this appeal. Mr. A.K. Srivastava appears for the respondents.

2. The appellant is a clerk working in the office of Shiksha Adhikari in district Agra. He has been transferred to Saharanpur vide order dated 11.07.2007.

3. The learned counsel for the appellant points out that the appellant is due for his promotion any time and therefore there is no need to transfer him outside the district. Mr. Srivastava, learned counsel appearing for the respondents points out that the chances of the promotion will not be affected on account of transfer.

4. That apart, Mr. Tiwari, learned counsel for the appellant points out that at the place where the appellant has been transferred namely in district Saharanpur, the concerned post is not vacant. This is on account of a person at Saharanpur having challenged his transfer and having taken a stay.

5. In this state of affairs, Mr. Srivastava, learned counsel for the respondents will find out as to whether there is any complaint against the appellant necessitating the transfer and as to when the promotions are due. On his request, matter may stand adjourned to 2nd January, 2008.

6. Mr. Tiwari has annexed the order of stay obtained by the person at Saharanpur, i.e. one Mr. Ashlam in writ petition no. 43180 of 2007.

7. This being the position, the appellant will continue at Agra until the matter is further heard.


RK/ (Pankaj Mithal,J) (Chief Justice)


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