Devesh Khare Vs State of U.P. Thru. Addl. Chief Secy. Housing and Urban Planning Deptt. Lko. and 3 Others

Neutral Citation No. - 2024:AHC-LKO:14120

Court No. - 18

Case :- WRIT - A No. - 961 of 2024

Petitioner :- Devesh Khare Respondent :- State Of U.P. Thru. Addl. Chief Secy. Housing And Urban Planning Deptt. Lko. And 3 Others Counsel for Petitioner :- Sanjay Kumar Srivastava,Akshat Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State.

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With the consent of learned counsel for the parties, the present writ petition is finally adjudicated at the admission stage itself.

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The present writ petition has been preferred against the impugned transfer order dated 22.11.2023 passed by respondent no. 3/Chief Town and Country Planner, Town and Country Planning Department, Government of Uttar Pradesh,Lucknow as far as it is related to the petitioner whereby the petitioner has been transferred from Lucknow to OfÏce of Sahyukt Niyojak, Sambhagiya Niyojan Khand, Nagar evam Gram Niyojan Vibhag, U.P. Varanasi.

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Learned counsel for the petitioner has submitted that the petitioner was given promotion from the post of Stenographer to the post of Personal Assistant Grade II by order dated 29.06.2018 and working at Lucknow.

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It is further submitted that by the impugned transfer order, the petitioner has been transferred at the place where there is no post of Personal Assistant Grade II and in support of his submission, learned counsel for the petitioner has drawn the attention of this Court to Annexure no. 4 to this writ petition, wherein a chart under the signature of the Committee has been enclosed showing therein that there are total eight sanctioned posts of Personal Assistant Grade II in the department out of which, six Personal Assistant Grade II are working in the Headquarter at Lucknow, one at NCR Cell, Ghaziabad and one Personal Assistant Grade II is working at Sambhagiya Niyojan Khand at Meerut, whereas in the Sambhagiya Niyojan Khand, Varanasi, the post shown as Nil, so the

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petitioner cannot be transferred at the place where there is no post of Personal Assistant Grade II.

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On the other hand, learned Standing counsel in pursuance of the instructions received from respondent no. 3/Chief Town and Country Planner, Town and Country Planning Department, Government of Uttar Pradesh, Lucknow has submitted that at Varanasi there is a post of Stenographer available meaning hereby, the respondents are admitting that there is no post of Personal Assistant Grade II where the petitioner has been transferred at Varanasi.

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After hearing learned counsel for the parties and going through the record of the case, the position which emerges out in the present case is that the petitioner has been transferred to Varanasi where there is no post of Personal Assistant Grade II and as per the instructions received by learned Standing Counsel, the post of Stenographer is available where the petitioner has been transferred meaning hereby, the respondents by the impugned transfer order is transferring the petitioner on the post which is a lower post and this is not permissible under the law.

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In view of the facts and circumstances of the case, the writ petition is allowed.

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The impugned transfer order dated 22.11.2023 passed by respondent no. 3/Chief Town and Country Planner, Town and Country Planning Department, Government of Uttar Pradesh, Lucknow is hereby quashed with liberty to the respondents to pass a fresh order, if they so desire transferring the petitioner at any place where the post of Personal Assistant Grade II may be available or may permit the petitioner to continue on the post from which he was transferred.

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Order Date :- 16.2.2024 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Devesh Khare v. State of U.P. Thru. Addl. Chief Secy. Housing and Urban Planning Deptt. Lko. and 3 Others

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Devesh Khare v. State of U.P. Thru. Addl. Chief Secy. Housing and Urban Planning Deptt. Lko. and 3 Others

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