Over 2 lakh Indian cases. Search powered by Google!

Case Details

DR. A.K. UDAINIYA versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Dr. A.K. Udainiya v. State Of U.P. & Others - WRIT - A No. 51786 of 2005 [2005] RD-AH 1752 (26 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. 51786 of 2005

Hon'ble Sushil Harkauli J.

Hon'ble G.P. Srivastva, J.

The petitioner has been transferred by the impugned order dated 1.7.2005 from Banda to Chitrakoot. The transfer order is being challenged by the petitioner in this writ petition on the ground that the petitioner has completed 10 years at Banda and, therefore, according to the policy, he should have been transferred outside the Division, whereas, by the impugned order the petitioner has been transferred within the same Division. The transfer outside the Division in the policy is meant to be detrimental to the interest of the officers and not in favour of the officers. It is basically directed against an officer managing to remain in a district or close by districts permanently.  

The second ground of challenge is that the Chief Minister's assent has not been obtained for the transfer, although, the same has been effected after 31.5.2005. This is an internal matter between the Minister of the department and the Chief Minister and it is not intended to give any right to the petitioner.

The third ground of challenge is that in the transfer policy it is mentioned that the employees posted in Bundelkhand Region should not be released till their substitutes have assumed charge. This provision also is not intended for the benefit of the employee in any manner and, therefore, it does not give any right to the petitioner.

The Supreme Court has laid down that transfer policies are not intended to clothe the employees with legal rights for challenging the transfer orders.

The writ petition is dismissed as above.

Dated : July 26, 2005

AM/-


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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.