This court allowed a writ petition for transfer of a Class-IV employee, directing the empowering Committee to consider the claim on merits within 15 days. The court relaxed strict transfer deadlines as the delay was caused by the authority itself.
Transfer claim to be considered on merits by the Committee within 15 days. Strict time deadline relaxed.
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. - 36
Case :- WRIT - A No. - 17403 of 2022
Petitioner :- Maan Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sandeep Kumar Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
"(i) Issue a writ, order or direction in the nature of mandamus commanding/directing the Joint/directing the Joint Director of Education, Agra Region, Agra/respondent no. 2 to pass an appropriate order accordance with law on the claim of the petitioner in respect of transfer from Janta Inter College Magorra, Mathura to Sri Rafi Ahmad, Kidwai Inter College, Kagaraul, Agra within stipulated period."
and the matter may be resubmitted to the Committee.
as to allow the petitioner to be transferred before 30.06.2022. Not only that deadline was allowed to pass, the next deadline 30.06.2021 that would have arisen as the contents of the written instructions show, was also allowed to lapse for no reason shown to exist. Then, by earlier communication dated 29.06.2022, the Joint Director himself directed the DIOS to make a fresh appraisal of the current facts and resubmit the claim of the petitioner. On that date, only one day survived before the stipulated date 30.06.2022. If that deadline was mandatory, it is difficult to understand how and why the communication dated 29.06.2022 could have been issued by the Joint Director. Clearly, the said communication may have been issued occasioned by the fact that the petitioner is a Class-IV employee whose transfer mid term may not obstruct or hamper the teaching work of either institution.
Order Date :- 21.11.2022 Shafique
Digitally signed by SAFIKUR RAHAMAN Date: 2022.11.23 16:08:33 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petition for transfer of a Class-IV employee deserves to be allowed despite apparent delay?
Whether the mandatory time stipulations in the Government Order should be relaxed given the authority's own causation of delay?
Maan Singh
State Of U.P.
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
