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Shanker Lal Tripathi v. State Of U.P.& Others - WRIT - A No. 41234 of 2006 [2006] RD-AH 12832 (2 August 2006)


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).


Hon'ble Amitava Lala,J.

Hon'ble V.C.Misra,J.

Transfer is an incident of service.  It should not be interfered with unless there is apparent illegality, malafide or cause of exceeding jurisdiction.  This is not such a case.  Therefore, we do not want to interfere with the same.  

However, subject to joining of the petitioner in the transferred place he will be entitled to place his representation to the appropriate authority about his/her personal inconvenience for the purpose of due consideration, who will do the same sympathetically and take a decision preferably within one month upon giving fullest opportunity of hearing and by passing a reasoned order thereon.  For the purpose of effective adjudication a copy of the writ petition and its annexures can be treated as part and parcel of the representation.  

Since the petitioner's children are in the mid-session of the school, if the petitioner chooses to stay in the residential accommodation at Bareilly exceeding the period which normally one can get after the transfer/retirement being affected, he may retain the same upon payment of usual/rental if any payable by him till examination of the children are over.

With the above observation, the writ petition stands disposed of.

No order is passed as to costs.

Dt. 02.8.06


WP 41234-06


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