High Court of Judicature at Allahabad
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Kamlesh Singh v. State Of U.P. Thru' Secre. Rural Development And Others - WRIT - A No. 3754 of 2006  RD-AH 1406 (19 January 2006)
HON. ARUN TANDON, J.
Petitioner who is employed as Records Clerk in the Rural Development Department of the State of U.P. is aggrieved by an order of transfer dated 7.1.2006 whereunder the petitioner has been transferred from Ghazipur Sadar to Block Manihari within the same district.
This order is being challenged on the ground that by means of an earlier order dated 24.12.2005 the petitioner was similarly transferred from Block Sadar to Bhadaura. However, on the representation being made by the petitioner disclosing the ailment suffered by his wife (fracture of hip bone), this order of transfer was cancelled under order dated 31.12.2005. Counsel for the petitioner submits that the circumstances as were existing on 31.12.2005 have not changed in any manner and, therefore, issuance of fresh order is legally not justified. The arguments raised on behalf of the petitioner appears to be attractive on its face value however on further enquiry being made counsel for the petitioner has stated that the wife of the petitioner is undergoing treatment at Varanasi. In such circumstances this Court is of the opinion that no adverse impact would be made on the medical facility which is being availed by the wife of the petitioner at Varanasi in case the petitioner is transferred from one Block to another within the same district of Ghazipur.
Writ petition is misconceived and is accordingly dismissed.
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