Appeal against dismissal of writ petition challenging transfer order is dismissed; delay condoned. Appellant ordered to be paid salary after joining at Fatehpur.
Salary to be released by competent authority.
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Court No. - 2
Case :- SPECIAL APPEAL DEFECTIVE No. - 95 of 2023
Appellant :- Ram Krishna Respondent :- State Of U.P. Thru. Addl. Chief Secy. Agriculture And Others Counsel for Appellant :- Dharm Raj Mishra,Abhay Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.
(C.M.Application No.1 of 2023)
Having heard learned counsel for the appellant and learned State Counsel for the State-respondents and also having gone through the averments made in the affidavit filed in support of the application seeking condonation of delay, we are satisfied that delay has sufficiently been explained.
Accordingly, application is allowed and the delay in filing the appeal is hereby condoned.
(Order on Memo of Appeal)
By means of this special appeal filed under Chapter VIII Rule 5 of the Rules of the Court, the appellant-petitioner challenges the order dated 12.10.2022, passed by the learned Single Judge, whereby Writ-A No.6755 of 2022 filed by him, has been dismissed. However, while dismissing the writ petition, learned Single Judge has permitted the appellant-petitioner to make a suitable representation to the competent authority after joining at Fatehpur and in case any such representation is made, the appropriate authority has been directed to consider and decide the same within a period of four weeks.
The writ petition was filed against the order of transfer and learned Single Judge while considering the claim of the appellant-petitioner has found that though the appellantpetitioner was transferred by means of the order dated 14.07.2021 but he did not make any representation or challenge the same by way of filing writ petition before this Court or before any other forum prior to instituting the proceedings of Writ-A No.6755 of 2022. Learned Single Judge has further observed that the order of transfer which was challenged before him was passed on administrative grounds as there were several complaints against the petitioner (appellant), and this fact is evident from the letter of the Deputy Director, Soil
Conservation, Ayodhya.
In our considered opinion, since the order of transfer was passed on administrative grounds, learned Single Judge has rightly not shown any indulgence in the same and accordingly, we do not find any good ground to interfere in this special appeal, which is hereby dismissed .
However, as observed by learned Single Judge, in case the appellant makes a representation after submitting his joining at Fatehpur, the same shall be considered and decided by the appropriate authority expeditiously, say within a period of four weeks from the date such a representation is made.
Learned counsel for the appellant at this juncture has stated that though the appellant has joined at Fatehpur pursuant to the order of transfer, however, he is not being paid salary.
Once the appellant-petitioner has submitted his joining at the transferred place, there is no reason why he should not be paid salary to which he is entitled to.
Accordingly, we direct that the authority concerned shall look into the aforesaid aspect of the matter and release the salary which the appellant may be entitled to in terms of the rules.
Order Date :- 28.2.2023 Sanjay
Digitally signed by :- SANJAY PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether delay in filing special appeal should be condoned.
Whether single judge erred in dismissing writ petition challenging administrative transfer order.
Whether appellant is entitled to salary after joining at transferred place without prior representation.
Ram Krishna
State Of U.P. Thru. Addl. Chief Secy. Agriculture And Others
Devendra Kumar Upadhyaya
Subhash Vidyarthi
As recorded by the court registry
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