High Court of Judicature at Allahabad
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Rajendra Kumar Goel And Others v. State Of U.P. And Others - WRIT - A No. 72418 of 2005  RD-AH 6432 (25 November 2005)
HON. ARUN TANDON, J.
Petitioners, who are employed as Senior Clerk/Junior Clerk in the Food & Civil Supply Department of State of U.P., at present posted at Meerut, are aggrieved by an order of transfer dated 13th October, 2005, passed by the Commissioner, Food & Civil Supply U.P. The order of transfer records that the persons mentioned in the said order are surplus and are therefore being transferred to other districts.
Counsel for the petitioner submits that the aforesaid order of transfer proceeds on complete non-application of mind inasmuch as the petitioners had been appointed against the substantive vacancies and therefore their becoming surplus in the office of Food and Civil Supply, Meerut is beyond reasonable comprehension. It is further contended that the persons have been declared surplus without having regard to the number of sanctioned posts and number of persons actually working.
In the opinion of the Court, the issue as to whether the petitioners have become surplus in the Food & Civil Supply Department, Meerut or not requires consideration by the Commissioner, Food & Civil Supply U.P. at the first instance. In such circumstances, it is provided that the petitioners may make their individual representations ventilating all their grievances before the Commissioner, Food & Civil Supply U.P. within two weeks from today along with certified copy of this order. On such representations being made, the Commissioner shall call for the records and shall decide the representations of the petitioners strictly in accordance with law by means of reasoned speaking order, preferably within two weeks from the date the representations are so received.
Writ petition is disposed of finally.
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