Dismissed

Rajesh Kumar Singh v. State of U.P. Thru Secretary Basic Education and Another

Allahabad HC7 Sept 2018WRIA/54623/2007

Case brief

AI extract

What is this about?

The court held that a ten-year-old interim order on a transfer dispute has lost efficacy. The writ petition against the original transfer order was disposed of, directing the respondent to assist in future non-appearance matters.

What did the court decide?

The writ petition was disposed of; respondent authorities directed to pass fresh order if required and Standing Counsel to assist court.

Rajesh Kumar Singh Vs State of U.P. Thru… — Public Procurement and Tenders | Allahabad HC (2018)

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Court No. - 28

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Case :- WRIT - A No. - 54623 of 2007

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Petitioner :- Rajesh Kumar Singh Respondent :- State Of U.P. Thru' Secretary (Basic Education) And Another Counsel for Petitioner :- P.C. Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Ajay Bhanot,J.

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List has been revised.

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None appears to press the writ petition on behalf of the petitioner as well as respondent-District Basic Education Officer, Sant Ravidas Nagar, though names of the counsel for the parties are reflected in the cause list. Learned Standing Counsel is present. Illness slip is being rejected because the matter is very old.

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The writ petition is directed against the order of transfer dated 29.10.2007 passed by the District Inspector of Schools, Sant Ravi Das Nagar transferring the petitioner to primary school Amawan Block Bhadohi.

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Ten years have elapsed since the order of transfer was passed and a conditional interim order was passed by this court on 6.11.2007. The transfer order is incident of service and no employee has a right to continue indefinitely at one place of posting in a transferable job. Interim order has

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continued for almost ten years. Both the interim order as well as the transfer order have lost their efficacy. No subsequent development has been brought in the record by the petitioner.

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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.

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It has been noticed that in a number of cases, the counsel for the Basic Shiksha Adhikari is not appearing to defend the case. Consequently, learned Standing Counsel to take a task to assist Court in these matters. The respondent no.1 shall look into the matter and take appropriate measures.

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The writ petition is disposed of finally with the aforesaid directions.

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A copy of this order shall be communicated to the respondent No.1-Secretary, Basic Education, Government of U.P. at Lucknow.

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Order Date :- 7.9.2018

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Ashish Tripathi

Rajesh Kumar Singh v. State of U.P. Thru Secretary Basic Education and Another

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Singh v. State of U.P. Thru Secretary Basic Education and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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