Disposed

Chasmuddin v. State of U.P. and 4 Others

Allahabad HC3 Dec 2022WRIA/20049/2022

Case brief

AI extract

What is this about?

A writ petition by a junior employee regarding repeated transfers causing hardship was disposed of. The court directed the petitioner to approach the concerned authority with a representation within a week. Interim stay was granted preventing coercion to join the new posting for three weeks or until the representation's disposal.

What did the court decide?

Interim stay preventing the petitioner from joining the transferred posting for three weeks or until the decided representation on his request for redress is disposed of.

Chasmuddin Vs State of U.P. and 4 Others — Service and Employment | Allahabad HC (2022)

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Court No. - 36

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Case :- WRIT - A No. - 20049 of 2022 Petitioner :- Chasmuddin Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjeev Singh,Arvind Counsel for Respondent :- C.S.C.

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Hon'ble Saumitra Dayal Singh,J.

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Relying on contents of paragraph 11 of the writ petition, it is submitted that the petitioner has barely joined the institution five months ago whereas one Senior Assistant has been working at that institution for the last 5-6 years, yet the petitioner has been again transferred, causing great disturbance to his family and personal life. Here it is also submitted that no other person has been transferred to replace the petitioner at Government Inter College, Amroha.

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In view of the above, no useful purpose would be served in keeping the matter pending as there is no malafide being pleaded by the petitioner. Only that much has been strenuously urged, the petitioner being a lower rung employee has been unduly visited with hardship both in terms of money as also in terms of personal hardship, upon repeated transfer orders being visited upon him. To that extent, it is further submitted, the case of the petitioner would stand on a different footing from that of other 33 employees who have been transferred for administrative reasons, by common transfer order dated 4.11.2022.

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Prima facie, there is force in the submission advanced by the learned counsel for the petitioner. Clearly, the hardships cited by the petitioner merit sympathetic consideration.

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Accordingly, present petition is disposed of with the direction, in case the petitioner approaches the respondent no.3 with a proper representation supported by his personal affidavit disclosing relevant facts, within a period of one week from today, the said representation may be dealt with and decided on its own merits by respondent no.3 within a period of two weeks thereafter.

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For a period of three weeks or till the disposal of the representation, whichever is earlier, the petitioner may not be coerced to join at the transferred place of posting.

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Order Date :- 3.12.2022 SP

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Digitally signed by SALIM PRAVEJ Date: 2022.12.06 15:20:09 IST Reason: Location: High Court of Judicature at Allahabad

Chasmuddin v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Chasmuddin v. State of U.P. and 4 Others

Case brief

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What did the court decide?

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