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Shyam Singh Risen v. State Of U.P. And Others - WRIT - A No. - 6744 of 2000 [2007] RD-AH 18469 (29 November 2007)

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Court No.34

Civil Misc. Writ Petition No. 6744 of 2000

Shyam Singh Bisen Vs. State of U.P. and others.

Hon'ble R.K.Agrawal, J.

Hon'ble S.P.Mehrotra, J.

We have heard learned counsel for the petitioner and the Standing Counsel for the respondents

It is not denied that the petitioner , after selection by the U.P. Public Service Commission and practical training , joined his duties as Sub-Registrar, Chunar, Mirzapur on 30.5.1998 and thereafter,transferred from one place to another and was continuing in that service when the impugned order dated 11.1.2000 issued by the State ( Annexure no.8 to the writ petition was passed. By the aforesaid impugned order , passed after about two years of the petitioner's working in the Registration Department of the U.P. Government, he was asked to change the service cadre and was directed to join the Home Guard as District Commandant , Allahabad which is a distinct and separate service cadre under the said State Government. This action has been sought to be justified by the respondents under the name of reshuffling . It is submitted by the respondents that this reshuffling is done according to the choice given by the candidate at the time of their selection by the Commission and because of the situation created by the reason of non-joining or resignation of certain candidates which requires readjustment of the merits list and the choice of the candidates.

The submissions from the side of the respondents are contrary to the basis law.

Once a civil servant joins his post under the Government , even during the period of probation, Article 311 of the Constitution of India starts applying and the protection recommended by the Article become available. A Government servant acquires the right to the post and he cannot be removed from that post, whether by reason of alleged reshuffling or other reason short of improper performance of duty , in case of probationers , or misconduct in case of confirmed employees.

The petitioner in this writ petition claims that he is not willing to move out of cadre of Registration Department of the State Government and it is not the case of the respondents that there is any short-coming in the performance of his duties by the petitioner, much less any misconduct.

In the circumstances, we are of the opinion that the petitioner cannot be moved out of the service cadre of the Registration Department against his will .

Accordingly, the writ petition is allowed and the impugned orders dated 1/15.9.1999 issued by the State Government ( Annexure no.4 to the writ petition is quashed.

Dt. 29 .11.2007/ak


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