A single-judge disposition dismissing a writ petition challenging a 2008 service transfer order. The court rejected an adjournment request and held the transfer order had lost efficacy, allowing the respondent to pass a fresh order if required.
Writ petition disposed of finally with directions to authority to communicate order for compliance.
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Court No. - 28
Case :- WRIT - A No. - 63945 of 2008
Petitioner :- Smt. Neelu Mishra Respondent :- State Of U.P. & Another Counsel for Petitioner :- B.D. Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The matter is being called out in the revised list. Sri B. D. Mishra, learned counsel for the petitioner has sent illness slip. On last two dates also there was illness slip on his behalf. The request for adjournment on behalf of learned counsel for the petitioner is rejected since the matter is pending for long.
Heard learned Standing Counsel for the State.
The petitioner has assailed the order dated 26.6.2008 passed by the respondent no.2. The petitioner was transferred from Varanasi to Fatehpur. The petitioner was working as Mukhya Sevika in the Bal Vikas Seva Evam Pushtahar department of Government of U.P. The petitioner claims to be suffering from heart ailment. An interim order was granted on 12.12.2008, however, interim order was vacated by order dated 4.12.2009.
Ten years have elapsed since the order of transfer was passed. 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 finally.
Let a copy of this order be provided to learned Standing Counsel to communicate the competent authority for compliance.
Order Date :- 11.9.2018
Pramod
1 issue framed by the court
Whether the writ petition challenging the long-pending transfer order should be dismissed.
Smt. Neelu Mishra
State Of U.P.
Another
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
