In this special appeal, the High Court examined a challenge to a transfer order against a school staff member. The Court noted the appeal was barred by limitation but proceeded on merits, upholding the transfer as within the competent authority's power and not arbitrary.
The appeal was dismissed; the order of transfer was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 488 of 2018
Appellant :- Buddh Sen Respondent :- State Of U.P. And 3 Ors. Counsel for Appellant :- Madhu Ranjan Pandey Counsel for Respondent :- C.S.C.,Amit Shukla
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is barred by limitation from 45 days. Ignoring the same we have examined merits of the case.
This appeal is preferred to question correctness of the order dated 18th May, 2018 passed by learned Single Bench in Writ-A No. 12081 of 2018.
Learned Single Bench dismissed the petition for writ by arriving at the conclusion that an appointment was accorded to the petitioner on contractual basis and he was working at the specified place for a period of more than 6 years. His transfer was made from one block to another in the same district by the Authority competent and, as such, the order of transfer does not suffer from any error.
In appeal, the argument advanced by learned counsel appearing on behalf of the petitioner-appellant is that an appointment was accorded to the petitioner-appellant at Upper Primary School Lucknow Kala, Barkhera by the District Basic Education Officer and as per the policy no transfer therefrom could have been made.
We do not find any merit in the argument advanced. Through at the time of selection of the petitioner he was posted at Barkhera but that does not mean that it was not open for the person appointing him to transfer in other block of the same district. The order or transfer has been passed by the Authority competent i.e. District Basic Education Officer, Pilibhit and, as such, the order of transfer does not suffer from any error that may warrant interference in appellate jurisdiction.
It is also well settled that an order of transfer is not required to be interfered by the Courts until that is in violation of a statute or is an outcome of
malafides/extraneous considerations or is shockingly arbitrary. In the instant matter no such eventuality exists. The appeal, hence is dismissed.
Order Date :- 6.8.2018 Rameez
(Chandra Dhari Singh,J.) (Govind Mathur,J.)
3 issues framed by the court
Whether the appeal against the transfer order is maintainable being filed beyond the limitation period of 45 days.
Whether the transferring authority had the competence to transfer the appellant from one block to another within the same district.
Whether the order of transfer was arbitrary or passed in malafides warranting judicial interference.
Buddh Sen
State Of U.P.
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
