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KRISHAN KUMAR AGARWAL versus CHAIRMAN CUM M.D. U.P. POWER CORP. LTD. AND OTHERS

High Court of Judicature at Allahabad

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Krishan Kumar Agarwal v. Chairman Cum M.D. U.P. Power Corp. Ltd. And Others - WRIT - A No. 48366 of 2005 [2005] RD-AH 1616 (12 July 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. W.P. No. 48366 of 2005

Hon'ble Sushil Harkauli J.

Hon'ble G.P. Srivastva, J.

We have heard learned counsel for the petitioner and Sri R.D. Khare for the respondents.

The petitioner according to his own averments has remained posted in Agra district for 8 years and in the Agra Division for 12 years. Now he has been transferred by the impugned order dated 21st June 2005 from Agra to Jhansi. The petitioner is challenging that transfer order on the ground that it was passed at the time when the petitioner had only one year to retire.

The petitioner is holding a high post where these principles of pre-retirement positings have to be applied sparingly and more importantly the said principle, would not apply where a person has managed such a long duration of posting in one district. We are, therefore, not inclined to interfere in this matter under Article 226 of the Constitution of India. However, if the petitioner makes a representation, after joining his new posting, the same may be considered by the relevant authority at the earliest.

This writ petition is disposed of as above.

Dated 12.7.2005

AM/-


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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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