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RAM AWADH JAISWAL versus STATE OF U.P. THRU' PRINCIPAL SECRETARY MEDICAL HEALTH & ORS

High Court of Judicature at Allahabad

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Ram Awadh Jaiswal v. State Of U.P. Thru' Principal Secretary Medical Health & Ors - SPECIAL APPEAL DEFECTIVE No. 450 of 2007 [2007] RD-AH 9538 (18 May 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.32

Special Appeal No.450 of 2007 (D)

Ram Awadh Jaiswal v. State of U.P. & others.

Hon'ble S. Rafat Alam, J.

Hon'ble Rakesh Sharma, J.

This intra court appeal, under the rules of the Court, is preferred against the judgment of the Hon'ble Single Judge dated 15.3.2007 dismissing the appellant's writ petition against the order dated 30.5.2006 transferring him from Mau to Azamgarh.

We have heard learned counsel for the appellant and also perused the order of the Hon'ble Single Judge.

Learned counsel for the appellant sought to argue that other paramedical staff has been allowed to be adjusted within the district of Mau and only the appellant is singled out and posted in other district i.e. Azamgarh.  He further argued that the appellant is not in good health and suffering from hypertension and diabetes etc.  His wife is also suffering from 40% locomotive disability and, therefore, it would be great inconvenience and hardship to the appellant in case he is transferred from Mau to Azamgarh.

We do not find any force in the submission for the reason that the Hon'ble Single Judge has already considered both these points.  That apart, admittedly, the appellant holds a transferable post and is in Mau since last thirty years.  Thus, transfer being an incidence of service, the same cannot be interfered with by this

Court unless it is found to be in violation of any statutory provisions, mala fide or punitive in nature, which is not the case here.  Thus, we do not find any reason to differ with the view taken by the Hon'ble Single Judge.  

The appeal, being without merit, is dismissed summarily.

18.5.2007

RKM


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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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