HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 39437 of 2011 Petitioner :- Ajai Pal Singh And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Mahipal Singh Respondent Counsel :- C.S.C.,Rahul Kakran Hon'ble Rajes Kumar,J.
By means of the present writ petition, the petitioners are challenging the transfer order dated 3.6.2011.
The contention of the petitioners is that the transfer is against the Government policy dated 14.5.2011, which is Annexure-1 to the writ petition. In the said letter written by the Chief Secretary, it is stated that in the year 2011-12 no one will be transferred. In paragraph-6 of the policy, it is stated that transfer from one place to another place in the same district can be made only in a special circumstances. In paragraph-7 of the policy, it is stated that in the public interest the Hon'ble Chief Minister can only transfer. In the impugned transfer dated 3.6.2011, 39 persons have been transferred by different orders. No special circumstances have been stated in the impugned order. There may be a special circumstances in case of one and two persons but there cannot be a special circumstances for 39 persons. Since no special circumstances have been given, the transfer order appears to be contrary to the Government policy dated 14.5.2011.
Learned Standing Counsel prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
List in the week commencing 29.8.2011.
Till the next date of listing, the transfer order dated 3.6.2011, so for as petitioners are concerned, is stayed.
Order Date :- 19.7.2011 OP