Disposed

Shivaji v. State of U.P. and 2 Others

Allahabad HC2 Feb 2021WRIA/1300/2021

Case brief

AI extract

What is this about?

Court held that challenge to posting after promotion violating transfer policy was misconceived. Directed petitioner to join Ghazipur posting, keeping open the matter for proper representation afterward for change to Chandauli.

What did the court decide?

Petitioner directed to join Ghazipur posting. Order kept open for further representation regarding change of posting to Chandauli.

Shivaji Vs State of U.P. and 2 Others — Pension and Retirement Benefits | Allahabad HC (2021)

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Court No. - 36 Case :- WRIT - A No. - 1300 of 2021 Petitioner :- Shivaji Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kr. Singh Paliwal Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sunita Agarwal,J.

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Learned counsel for the petitioner prays for and is granted permission to withdraw the prayer no.(i) in the writ petition.

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Prayer nos.(ii) & (iii) in the writ petition are to the effect that the respondent be directed to modify the order of posting of the petitioner in Ghazipur, as the same is in violation of the transfer policy notified on 29.03.2018.

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The contention of the petitioner is that the petitioner is about to retire on 30.07.2021 and as per Clause 11(X) of the aforesaid Government Order, the petitioner is entitled to be posted in a district nearby his home district namely Chandauli.

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A perusal of the order dated 12.01.2021, which is the bone of contention of the petitioner, indicates that the petitioner has been promoted to the post of Assistant Engineering (Civil) and on promotion he has been posted in district Ghazipur. Initial posting of the petitioner in district- Chandauli was in a temporary division of the Public Works Department. The posting of the petitioner in Ghazipur has, thus, been made on his promotion.

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The challenge to the posting at Ghazipur on the ground of violation of the transfer policy is therefore found misconceived. The petitioner is directed to join the place of posting.

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However, it is kept open for the petitioner to make a proper representation before the concerned authority after joining the post-in-question for change of his place of posting to a nearby place to district- Chandauli. In case such a representation is moved after complying with the aforesaid condition, the competent authority shall take an expeditious decision in accordance with law.

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It is made clear that the Court has not expressed any opinion on the prayer of the petitioner for change of his place of posting after promotion. An independent consideration shall be given by the competent authority.

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With the aforesaid observation and direction, the present petition is disposed of .

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Order Date :- 2.2.2021 / P Kesari

Shivaji v. State of U.P. and 2 Others

Case brief

What is this about?

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Shivaji v. State of U.P. and 2 Others

Case brief

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