Praween Kumar Pandey and 5 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Gyamya Vikas Lko and 12 Others

Allahabad HC2 Sept 2024WRIA/5656/2024

Case brief

AI extract

What is this about?

Petitioners challenged a transfer order affecting contractual MGNREGA employees. The Court stayed the order, issued notice to respondents to file an affidavit regarding service conditions permitting such transfer, and listed the case for final disposal.

What did the court decide?

Operative of impugned order dated 29.06.2024 as it relates to petitioners is stayed. Notice issued to opposite party no. 4.

Praween Kumar Pandey and 5 Others vs State of U.P… — Service and Employment | Allahabad HC (2024)

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Court No. - 18

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Case :- WRIT - A No. - 5656 of 2024

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Petitioner :- Praween Kumar Pandey And 5 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Gyamya Vikas Lko And 12 Others Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioners and learned State Counsel for opposite parties 1 to 3 & 5 to 13.

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Issue notice to opposite party no. 4. However, learned State Counsel shall also direct the Block Development Officer concerned to inform the opposite party no. 4 i.e. Deputy Commissioner (Labour - Employment), MGNREGA, District Ambedkar Nagar with regard to pendency of this petition.

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Petitioners have challenged the transfer order dated 29.06.2024 whereby their transfers have been effected.

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It is submitted that a bare perusal of the impugned order will make it evident that petitioners have been appointed on various posts on contractual basis. He has also adverted to the contract of service between the parties with the submission that there is no provision for transfer of contractual employees employed under the MGNREGA scheme. As such it is submitted that transfer of petitioners is contrary to service conditions of petitioners.

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Learned State Counsel, however, has adverted to order dated 21.01.2021 issued by the Commissioner Village Development which authorizes such transfers.

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A perusal of the aforesaid order dated 21.01.2021, however, does not make it apparent that there is any service condition permitting transfer of contractual employees under the MGNREGA scheme.

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With regard to aforesaid, the opposite parties are granted two weeks' time to obtain instructions and to file a short affidavit particularly in bringing on record any service condition whereunder such contractual employees can be transferred.

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Connect and list this case along with writ A No. 5573 of 2024.

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Until further order of this Court, the operation of impugned

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order dated 29.06.2024 so far as it relates to petitioners shall remain stayed.

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Order Date :- 24.7.2024 prabhat

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

Praween Kumar Pandey and 5 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Gyamya Vikas Lko and 12 Others

Case brief

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What did the court decide?

Praween Kumar Pandey and 5 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Gyamya Vikas Lko and 12 Others

Case brief

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