Allahabad High Court
Ramraj Ram And 4 Others vs State Of U.P. And 3 Others on 1 August, 2019
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- WRIT - A No. - 10616 of 2019
Petitioner :- Ramraj Ram And 4 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Narendra Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against an order dated 12th June, 2019 passed by the Assistant Record Officer, Mirzapur, whereby petitioners have been attached in the particular Tehsil for undertaking Land Survey Work in certain villages of District Mirzapur. The order is assailed on the ground that the competent authority to pass an order of transfer is the second respondent, and therefore the third respondent has no jurisdiction in the matter.
Taking cognizance of such grievance, this Court permitted learned Standing Counsel to obtain instructions in the matter. Learned Standing Counsel has obtained instructions, according to which petitioners have been engaged for the work of Land Survey and Record Operations in the district concerned. It appears that substantial work since was completed as such petitioners were transferred to Ghaziabad, against which writ petitions were filed in the year 2008, and on account of interim orders passed therein, the petitioners were allowed to continue with the Land Survey Work at Obra. It is stated that there is no work available at Obra, and therefore, the petitioners have been permitted to work at a place where Land Survey exercise has not been completed so far. It is pointed out that in Obra Region, Distt. Sonebhadra, Mirzapur and Allahabad are included, and therefore, petitioners have been attached for the work for which they have been engaged.
Learned Standing Counsel further points out that some of the petitioners are Lekhpal and their Appointing Authority is the Assistant Record Officer. While in the case of Kanoongo, it is the District Magistrate, who is the competent authority. It is also pointed out that the order impugned has been passed on the basis of directions issued by the District Magistrate.
Perusal of the materials brought on record would clearly go to show that petitioners have been engaged for performing work relating to Survey and Record Operations. It is always open for the authorities to post the petitioners for such work. Their attachment in specified places for the purposes of Land Survey and Record Operations, therefore, would clearly be in accordance with law and would warrant no interference in exercise of writ jurisdiction under Article 226 of the Constitution of India. The orders otherwise appear to be in the nature of attachment for completing specified work and is not to be treated as an order of transfer per-se. Even otherwise, it is found that petitioners have been continuing for more than 10 years in the same district. It also appears that due to lack of work some of the petitioners are working in the Collectorate, although they have been appointed in Land Survey Operations. In case they have been asked to work for which they have been appointed, no exception can be taken to it.
Writ petition lacks merit and is accordingly dismissed.
Order Date :- 1.8.2019
Anil
