The Court dismissed a writ petition challenging transfers of an employee within the Lucknow Division. The petitioner argued exemptions based on service duration and union office bearer status, but the Court found the order had merit.
Petition dismissed; parties to bear their own costs.
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Neutral Citation No. - 2024:AHC-LKO:52703
Court No. - 18
Case :- WRIT - A No. - 5604 of 2024
Petitioner :- Kamlesh Kumar Respondent :- U.P. Khadi And Gramodyog Board Thru. Chief Executive Officer And Another Counsel for Petitioner :- Shireesh Kumar,Utkarsh Kumar Counsel for Respondent :- Pankaj Patel
Hon'ble Manish Mathur,J.
Order, it is submitted that in cases where an employee is posted in Head Office and there are posts in parity available outside the Head Office, then transfer of such a person would be considered upon completion of three years service in that particular place but even for calculation of that three years, tenure spent in Districts and Divisions would be excluded.
till 31.05.2015 and from 01.07.2017, thereafter have been excluded by opposite parties themselves since they were in the Divisional Offices.
applicability of paragraph-12 of the Government Order, such an exemption would be available to petitioner only with effect from 15.07.2024, as the earlier tenure having expired on 15.05.2024.
19.The petition therefore being devoid of merit is dismissed. Parties to bear their own costs.
Order Date :- 1.8.2024 kvg/-
Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the petitioner is eligible for exemption from transfer based on the seven-year service limit or union office bearer provisions under the Government Order.
Whether the transfer policy requiring a hard and fast rule for seniority in posting duration is legally valid.
Whether the cut-off date specified for tenure calculation applies to the petitioner's status as a union office bearer.
Kamlesh Kumar
U.P. Khadi And Gramodyog Board
Manish Mathur
As recorded by the court registry
4 orders share this CNR
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