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


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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



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