Petitioner sought setting aside a transfer order citing a 2018 Government Order protecting tehsil-level association heads. The Court held that the subsequent 2023 Government Order superseded the earlier one, rendering the transfer valid. Writ dismissed.
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.
Neutral Citation No. - 2024:AHC-LKO:37177
Court No. - 6
Case :- WRIT - A No. - 3329 of 2024
Petitioner :- Shree Pal
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 6 Others Counsel for Petitioner :- Ajay Kumar Gupta,Ambrish Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and perused the record.
2. Under challenge is the order dated 14.03.2024 passed by the District Magistrate, Hardoi, by means of which the petitioner has been transferred from Tehsil Sadar to Tehsil Bilgram District Hardoi.
3. Contention of the learned counsel for the petitioner is that the petitioner is Adhyaksha of the Lekhpal Association at the Tehsil level having been elected on 18.07.2023. The petitioner seeks benefit of the Government Order dated 15.03.2018, copy of which is annexed as Annexure-3 to the petition, which provides that Tehsil Adhyaksha of the Lekhpal Sangh should not be transferred for a period of 2 years after being elected. Placing reliance on the aforesaid Government Order, the argument of the learned counsel for the petitioner is that as the petitioner has only been elected on 18.07.2023, consequently, he has to be exempted from transfer for a period of 2 years in terms of the aforesaid Government Order and as such, transfer order, which has been issued in violation of the Government Order, has to be set aside.
4. However, the learned counsel for the petitioner fairly states that subsequent to the aforesaid Government Order dated 15.03.2018, a recent Government Order dated 07.06.2023 has been issued by the respondents. Clause 12 of the said
Government Order restricts the said benefit only to the office bearers of the State level, Division level and District Level. However, he says that as the Government Order dated 15.03.2018 was issued specifically for the tehsil level office bearers, as such, Government Order dated 15.03.2018 will prevail, and not the subsequent Government Order dated 07.06.2023.
5. Aforesaid arguments raised by the learned counsel for the petitioner are patently fallacious inasmuch as once the Government Order dated 15.03.2018 now stands superseded by the subsequent Government Order dated 07.06.2023, which does not give any protection from transfer to the office bearers of the association at the tehsil level and no challenge has been raised to the Government Order dated 07.06.2023 in this regard, consequently, the Government Order dated 07.06.2023 would be applicable. Therefore, no illegality is found in the impugned transfer order.
6. The writ petition is dismissed.
Order Date :- 15.5.2024 prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether a transfer order violating the Government Order dated 15.03.2018 is illegal when superseded by the Government Order dated 07.06.2023.
Shree Pal
State Of U.P.
Abdul Moin
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
