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YADUVEER SINGH TYAGI versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Yaduveer Singh Tyagi v. State Of U.P. And Others - WRIT - A No. - 59115 of 2007 [2007] RD-AH 18656 (5 December 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. 26

Civil Misc. Writ Petition No. 59115 of 2007

Yaduveer Singh Tyagi

Versus

State of U.P. and others

Hon'ble V.K. Shukla, J.

On 27.08.2007, petitioner, Head Master at Purva Madhyamik Vidyalaya Vaparsi was transferred from there to Purva Madhyamik Vidyalaya Batjewara, Daurala and one Balak Ram Rana, Head Master at Purva Madhyamik Vidyalaya, Sarurpur was transferred from there to Purva Madhyamik Vidyalaya, Vaparsi Sarurpur. Petitioner claims to have complied with the said transfer order and joined at Purva Madhyamik Vidyalaya, Batjewra, Daurala. It appears that thereafter Balak Ram Rana made complaint to District Basic Education Officer, mentioning therein that at no point of time he had applied for his transfer, and the application allegedly moved on his behalf is farce and fictitious. Once complaint was made, the District Basic Education Officer proceeded to cancel the transfer order on 01.09.2007 and petitioner was asked to go back to earlier institution.

Learned counsel for petitioner submits that his client has no concern with Balak Ram Rana, as such once transfer of Balak Ram Rana has been concerned, but as far as transfer of petitioner is concerned, same ought not to have been cancelled.

Learned Standing Counsel, on the other hand, has contended that transfer of Balak Ram Rana had been made in the institution of petitioner and once transfer of Balak Ram Rana has been cancelled, automatically, petitioner is bound to be restored at his earlier place of posting, and thereby none of his legal rights has been infringed,a s such writ petition deserves to be dismissed.

After respective arguments have been advanced, factual position which emerges is to the effect that petitioner was transferred from to Purva Madhyamik Vidyalaya Batjewara, Daurala and one Balak Ram Rana, Head Master at Purva Madhyamik Vidyalaya, Sarurpur was transferred from there to Purva Madhyamik Vidyalaya, Vaparsi Sarurpur. It appears that thereafter Balak Ram Rana made complaint to District Basic Education Officer, mentioning therein that at no point of time he had applied for his transfer, and the application allegedly moved on his behalf is farce and fictitious. On such complaint being made, the District Basic Education Officer proceeded to cancel the transfer order on 01.09.2007 and petitioner was asked to go back to earlier institution. After transfer of Balak Ram Rana has been cancelled, petitioner has been restored to his earlier place of posting, and thereby none of his legal rights has been infringed. Once conscious decision has been taken, the same cannot be faulted and requires no interference, as transfer and posting is within the domain of authorities concerned, and it is for them to see as to where an incumbent is to be posted and where his services are to be best utilised.

Consequently, writ petition, as has been framed and drawn is dismissed.

05.12.2007

SRY.


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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