Disposed

James Kumar and Another v. State of U.P. and 4 Others

Allahabad HC8 Jul 2024WRIA/9549/2024

Case brief

AI extract

What is this about?

Petitioners, Accountants in Rural Development, challenged their transfers within Meerut District alleging violation of transfer policy. The court held writ jurisdiction inadequate to enforce the policy and directed the petitioner to seek remedy through representation before the District Development Officer. The petition was disposed of without further orders.

What did the court decide?

Representation directed to be made by the petitioner before the District Development Officer, Meerut, within ten days.

James Kumar and Another vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:110700

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Court No. - 5

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Case :- WRIT - A No. - 9549 of 2024

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Petitioner :- James Kumar And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Krishna Mohan Ojha Counsel for Respondent :- C.S.C.

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Hon'ble J.J. Munir,J.

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Heard learned Counsel for the petitioners and Mr. Roopesh Tiwari, learned Standing Counsel on behalf of the State.

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The two petitioners are Accountants in the department of Rural Development posted at Meerut. The First petitioner has been transferred from Hastinapur to Meerut with additional charge of Blocks Rohta and Jani Khurd, whereas the second petitioner, who was posted at Jani Khurd with the additional charge of Daurala has been transferred to Tehsil Sardhana with the additional charge of Saroorpur Khurd and Daurala. All these transfers have been made within the District of Meerut.

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Learned Counsel for the petitioners has emphasized the distance, across which the petitioners have been transferred. He has relied upon the transfer policy issued by the State Government dated 11.06.2024 and particularly, invited the Court's attention to para 3(ii) of the Policy which reads:

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"ii. सममह 'ग' एववसममह 'घ' ककककरमरककककसथकनकनतरणस व गरवकरककलककर र तककरमरककककसवखरककक अधधकतम 10 परतशतककससमकतकरकरकजकसककगक।उकरनधक र रत 10 परतशतसकअधधकतथक अधधकतम 20 परतशतककससमकतकसथकनकनतरणककअपररहकररतकककससथरतमकपशकसककररवभकग दकरकरवभकगसरमवतसककअनकममदनसकसथकनकनतरणरकरकजकसककगक।इसहकतकजमककरमरकसबसकअधधक समरसकककर र तहह, उनककरमरकककम 10 परतशतककससमकमकपहलकधलरकजकरकगक।

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सममह 'ग' एववसममह 'घ' ककककरमरककककसथकनकनतरणकमकनसरतककअनकपकलनसकरनरशतकरकरकजकनककक ससथरतमकमक०रवभकगसरमवतससकभसरवचकर-रवमशरकरककककररवकहसककजकए।"

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It is submitted that 66% of the employees have been transferred out by the impugned order. Be that as it may, it is not this Court's province to enforce the Government's Transfer Policy through our writ. If the petitioners have been transferred contrary to the Transfer Policy dated 11.06.2024, it is open to the petitioners to represent their case before the District Development Officer, Meerut, District Meerut within a period of ten days of date. If a representation is preferred to the Authority indicated above by both or either of the petitioners, the same shall be considered and decided by the District Development Offficer, Meerut within a week of receipt of the representation(s) and its result communicated to the petitioner/petitioners within three days of the decision being recorded.

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This petition is disposed of.

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Let this order be communicated to the District Development Officer, Meerut, District Meerut through the Civil Judge (Senior Division), Meerut by the Registrar (Compliance).

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Order Date :- 8.7.2024 Vijay

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Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad

James Kumar and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

James Kumar and Another v. State of U.P. and 4 Others

Case brief

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What did the court decide?

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