Rakesh Kumar Srivastava vs The State Of U.P. Thru. The Prin. ...
2019 Latest Caselaw 2535 ALL

Citation : 2019 Latest Caselaw 2535 ALL
Judgement Date : 4 April, 2019

Allahabad High Court

Rakesh Kumar Srivastava vs The State Of U.P. Thru. The Prin. ... on 4 April, 2019

Bench: Rajesh Singh Chauhan




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 
Case :- SERVICE SINGLE No. - 9183 of 2019
 
Petitioner :- Rakesh Kumar Srivastava
 
Respondent :- The State Of U.P. Thru. The Prin. Secy. Panchayati Raj & Ors
 
Counsel for Petitioner :- Umesh Kumar Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Umesh Kumar Srivastava, learned counsel for the petitioner and the learned Additional Chief Standing Counsel for the State-respondents.

By means of this writ petition, the petitioner has assailed the order dated 06.03.2019 passed by the opposite party No.1 in respect of one Mohd. Haroon transferring him from District-Pilibhit to District-Kannauj on the post of Junior Engineer.

Learned counsel for the petitioner has submitted that since the petitioner has been discharging his duties as Engineer at Kannauj with effect from 17.10.2018 and this charge of officiation is being given to the petitioner in the light of the judgment and order dated 02.05.2011 passed by this Court in Writ Petition No.698 (S/B) of 2011; Rajendra Prasad Saxena and others vs. State of U.P. & others.

Learned counsel for the petitioner has also submitted that there are so many Junior persons to the petitioner were also serving on the post of Engineer however on officiating basis and if the transfer order dated 06.03.2019 (Annexure No.1 to the writ petition) is executed, it would amount the reversion of the petitioner inasmuch as the petitioner shall be reverted on the post of Junior Engineer.

It has also been informed by learned counsel for the petitioner that in the wake of election notification the opposite party No.3 has not been allowed to join at Kannauj and he is still discharging his duties at Pilibhit.

List/ put up this petition on 09.04.2019 as fresh to enable the learned Additional Chief Standing Counsel to seek complete instructions in the matter.

Since the election notification has already been issued and as per learned counsel for the petitioner, the opposite party No.3 is still serving at Pilibhit, therefore, the status-quo as on today, shall be maintained till the next date of listing.

Order Date :- 4.4.2019

Suresh/

[Rajesh Singh Chauhan,J.]