The court disposed of a writ petition challenging a transfer order. Noting the ten-year lapse and lack of efficacy, the court held authorities could pass a fresh order.
Writ petition disposed of; no fresh order passed by this court.
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Court No. - 28
Case :- WRIT - A No. - 49979 of 2006 Petitioner :- Om Singh Respondent :- State Of U.P. And Others Counsel for Petitioner :- Sumit Kakkar Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The matter is being called out in the revised list. None appears on behalf of petitioner to press this writ petition though name of counsel for the petitioner is shown in the cause list. Learned Standing Counsel on behalf of State is present.
The petitioner has assailed the order dated 4.8.2006 passed by the respondent no.1, transferring the petitioner from Sadar Saharanpur Division to Baraula, Gautam Budh Nagar, Meerut. The averments made in the writ petition disclosed that the petitioner is Class IV employee. An interim order was granted by this court on 11.9.2006. Ten years have elapsed since the order of transfer was passed and an interim order was passed by this court. The transfer order has lost its efficacy. The transfer order is incident of service and no employee has a right to continue indefinitely at one place of posting. No subsequent development has been brought in the record by the petitioner.
In the light of above facts, it is open to the respondent authorities to pass a fresh transfer order, if required, in accordance with law.
With the aforesaid directions, the writ petition stands disposed of.
Let a copy of this order be provided to learned Standing Counsel to communicate the competent authority for compliance.
Order Date :- 20.8.2018
Pramod
1 issue framed by the court
Whether the writ petition was maintainable after ten years without fresh developments.
Om Singh
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
