Om Vir Singh vs Union Of India And 5 Others
2021 Latest Caselaw 1480 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 50 of 2021
 

 
Appellant :- Om Vir Singh
 
Respondent :- Union Of India And 5 Others
 
Counsel for Appellant :- Anil Kumar
 
Counsel for Respondent :- A.S.G.I.,Raj Kumar Singh
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

Order on Exemption Application

The application seeking exemption from filing certified copies of the order of the High Court is allowed.

The defect stands cured.

Order on Memo of Appeal

Vakalatnama filed by Sri Santosh Kuamr Srivastava, learned counsel for respondent no.2 to 5 is taken on record.

By this appeal, a challenge is made to the judgment dated 04.01.2021 whereby a writ petition challenging to the order of transfer was dismissed.

It is a case, where the appellant earlier also preferred a writ petition which was disposed of with a direction to the respondents to decide representation filed by the petitioner-appellant. The representation against the order of transfer was given with a request to retain the petitioner at Noida keeping in mind that his son was studying there. The administration found that the petitioner's son is not studying at Noida but at Aligharh. Thus the representation could not yield favourable result.

Learned counsel for the appellant submits that while other employees were retained at the same place in the State of Uttar Pradesh, the petitioner has been transferred to Jammu and Kashmir Region in discrimination, thus the order of transfer should have been set aside by the learned Single Judge.

We have considered the only ground raised by the appellant herein. It is not that as and when an officer is promoted, all can be accommodated at the same place or in the State but may be required to be sent to the other Region, if an officer/employee is holding a transferable post.

In view of the above, a ground urged before us cannot be accepted only for the reason that few officers have been given posting in the State of U.P. itself. The appellant is a member of all India service. The posting and transfer falls in the administration domain and the Court should not interfere in such matters unless a case of malafide or violation of statutory provision is made out.

The appeal accordingly fails and is dismissed.

Order Date :- 22.1.2021

Ashish Pd.