Disposed

Vinod Kumar Mittal v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and Another

Allahabad HC15 Jul 2024WRIA/5204/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a transfer order of a Consolidation Lekhpal at the admission stage. The court granted liberty to the petitioner to submit a fresh representation to the Commissioner Consolidation, directing the authority to consider it within three weeks with a reasoned order.

What did the court decide?

Liberty to prefer a fresh representation to the Commissioner Consolidation within seven days; authority to decide within three weeks with a reasoned order; status quo regarding daily allowance reserve

Vinod Kumar Mittal vs State of U.P. Thru. Prin… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:47845

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Court No. - 4

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Case :- WRIT - A No. - 5204 of 2024

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Petitioner :- Vinod Kumar Mittal

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Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And Another Counsel for Petitioner :- Km. Vishwa Mohini,Rajesh Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Km. Vishwa Mohini, learned counsel for the petitioner and Sri Uttam Kumar Srivastava, learned Standing Counsel for the State-opposite parties.

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By means of this petition, the petitioner has assailed the transfer order dated 30.06.2024 passed by the Additional Commissioner, Consolidation on behalf of the Commissioner, Consolidation, U.P., Lucknow transferring as many as ten Consolidation Lekhpals from one place to another place. Name of the petitioner finds place at serial no.7 whereby he has been transferred from Amroha to Lalitpur.

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Learned counsel for the petitioner has drawn attention of this Court towards Annexure No.3 of the writ petition, which is a detail of Consolidation Lekhpals wherein name of the petitioner finds place at serial no.10 showing the date of retirement of the petitioner in the month of February, 2026. Thereafter, learned counsel for the petitioner has drawn attention of this Court towards para-5-v of the transfer policy dated 11.06.2024, which categorically provides that if any employee is to retire within a period of two years from the date of transfer, he may be given option to be posted at his choice place except his home district. Learned counsel has stated that the home district of the present petitioner is Bijnore, but he wants to settle at Amroha, therefore, that transfer order may be modified so far as the case of the present petitioner is concerned. Learned counsel has stated that the petitioner has not been relieved till date.

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Learned Standing Counsel has, however, tried to justify the transfer order but has submitted that there is specific provision in the transfer policy itself, so any appropriate order may be passed and the present petitioner may be directed to approach the competent authority by preferring a fresh representation.

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Therefore, without entering into merits of the issue, I hereby

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dispose of this writ petition finally at the admission stage giving liberty to the petitioner to prefer a fresh representation to opposite party no.2 i.e. The Commissioner Consolidation, Consolidation Directorate, 7^th Floor, Indira Bhawan, U.P., Lucknow taking all pleas and grounds including two other places where he may be accommodated within a period of seven days from today. If such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the aforesaid representation of the petitioner by speaking and reasoned order, strictly in accordance with law, in terms of the transfer policy dated 11.06.2024, with expedition, say within a period of three weeks from the date of receipt of the representation and thereafter communicate the decision thereof to the petitioner forthwith.

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Therefore, in view of the above, till disposal of the representation or for a period of one month from today, whichever is earlier, the petitioner may not be relieved from Amroha, if he has not been relieved as on today i.e. 15.07.2024.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 15.7.2024 RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Vinod Kumar Mittal v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and Another

Case brief

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Vinod Kumar Mittal v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and Another

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