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Mahesh Chandra Sharma v. State Of U.P. Thru' Principal Secy. And Others - WRIT - A No. 33354 of 2003  RD-AH 255 (4 August 2003)
COURT NO. 34
CIVIL MISC. WRIT PETITION NO. 33354 OF 2003
Mahesh Chandra Sharma ------ Petitioner
State of U.P. & ors. ------ Respondents
Hon'ble Dr. B.S.Chauhan, J
Hon'ble D.P.Gupta, J.
This writ petition has been filed for quashing the impugned termination order dated 24.7.2003, by which petitioner stood transferred from Mathura to Shikohabad, District Firozabad.
Shri B.N. Tiwari, learned counsel for the petitioner has submitted that petitioner has been subjected to successive transfer orders within a short span of time. Therefore, the order becomes liable to be quashed. The transfer order would cause great hardship as petitioner's daughter died on 24.1.2002 and his family could not recover from the said grief. It would be difficult for the petitioner to keep his family consoling if he is transferred at a far distance.
Be that as the fact remained that by the same impugned transfer order petitioner stood transferred from Mathura to Shikohabad, District Firozabad and in his place, one Shri P.P.Atri has been transferred to Mathura from Shikohabad, District Firozabad. As Shri Atri has not been impleaded as a respondent, the petition is not maintainable for want of non-joinder of necessary party.
This petition is dismissed as not maintainable. However, the petitioner has liberty to make a representation before the Competent Authority, and if he does so, the Authority is requested to consider the same in accordance with law.
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