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Raj Kumar v. State Of U.P. And Others - WRIT - A No. 5100 of 2007 [2007] RD-AH 60 (2 January 2007)


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Court No. 38

Civil Misc. Writ Petition No. 5100 of 2007

Raj Kumar


State of U.P. and others.

Hon'ble V.K. Shukla,J

Petitioner had been performing and discharging his duty as Pump Assistant and has been attached with Tilhapur Mod Mineral out post. On 9.1.2007 District Magistrate, Kaushambi  has withdrawn the aforementioned attachment and directed petitioner to report for his duty at Regional Office, Allahabad.  At this juncture present writ petition has been filed.

Sri Hari Shanker Mishra, learned counsel for petitioner contended with vehemence that in the present case action has been taken in order to accommodate Kamlesh Kumar, and as such this is glaring case of misuser of authority, as such writ petition deserved to be allowed..

Learned Standing Counsel on the other hand contended that attachment of petitioner has been withdrawn and he has been asked to report for his duty at Regional Office, Allahabad and none of the legal right of petitioner has been infringed,  and there are valid reasons to accommodate  Kamlesh Kumar, as such no interference be made, and writ petition be dismissed.

After respective arguments have been advanced, undisputed factual position, which is emerging is that petitioner, who is Class IV employee Pump Assistant has been attached with Tilhapur Mod Mineral out post. One Kamlesh Kumar, who is Mineral clerk on account of his personal inconvenience, requested that he be accorded placement at different place. No specific request whatsoever has been made by Kamlesh Kumar, however, he was attached with Mineral Out Post Tilhapur Mod, in Tehsil Chyal, as earlier he was posted at Osa  Chauraha Mineral Check post, which was in Tehsil Manjhanpur, which was his home Tehsil. The authority concerned in his wisdom has accepted  request of Kamlesh Kumar in the present case which cannot be termed to be unjustifiable ground. Transfer and posting is in the domain of the authority concerned and  once authority concerned in his wisdom has revoked the order of attachment of petitioner and asked petitioner to report for his duty at Regional Office, Allahabad, none of the legal right of petitioner has been infringed, as there is no reduction in emolument; neither service condition of petitioner has been changed. In this background, in administrative exigency, District Magistrate, Kaushambi has taken conscious decision, and same cannot be dupped as being arbitrary or unseasonable.

Consequently, writ petition is devoid of substance and same is dismissed.

Dt. 01.02.2007.



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