Allahabad High Court
Desh Deepak Saxena vs State Of U. P. And Others on 12 July, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 7249 of 2021
Petitioner :- Desh Deepak Saxena
Respondent :- State Of U. P. And Others
Counsel for Petitioner :- Nawal Kishor Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel. Shri Santosh Kumar has accepted notice on behalf of respondent nos.4 and 5.
Present writ petition has been preferred assailing the validity of the impugned transfer order dated 29.5.2021 passed by fifth respondent.
At the very outset, learned counsel for the petitioner has contended that the controversy in hand is squarely covered by the judgment of this Court dated 9.7.2021 passed in WRIT - A No. - 7244 of 2021 (Saroj Kumar v. State Of U. P. And Others) and as such it is submitted that similar indulgence may also be accorded in this writ petition. For ready reference, the order dated 9.7.2021 is quoted as under:-
"Petitioner is Junior Clerk in the office of District Basic Education Officer, Shahjahanpur and is aggrieved by an order of the Assistant Director of Education (Basic) and District Basic Education Officer, Shahjahanpur whereby he has been sent to work in the office of Block Education Officer. The order is assailed on the ground that there exists no sanctioned post of Junior Clerk in the office of Block Education Officer and even basic infrastructure for such employee in the form of table, chair etc. are not available. It is stated that though petitioner can be shifted from one counter to another but he cannot be sent to a office where there exists no post. It is also submitted that previously also a similar arrangement was made at Chitrakoot and a writ petition was filed before this Court no. 25476 of 2015. The Secretary of the U.P. Basic Education Board was directed to examine such issue. The Secretary of the Basic Education Board has cancelled such adjustment vide his order dated 29.07.2015 on the ground that post of Junior Clerk is not available in the office concerned. It is submitted that the impugned order is contrary to orders passed by the Secretary Basic Education Board and is also in teeth of the service rules.
Learned Standing Counsel States that petitioner's grievance can be examined by the competent authority.
In the facts of the present case petitioner is permitted to represent his grievance against the order of transfer before respondent no.3, annexing all materials in support of his claim. The Assistant Director shall examine as to whether any post of Junior Clerk is sanctioned in the office of Block Education Officer and shall pass necessary orders in that regard. It goes without saying that if there exists no post the competent authority shall not compel the petitioner to join at such place as it may prejudicially affect service conditions of the petitioner. The order passed by the Secretary in the year 2015 shall also be taken note of. The order impugned in the writ petition shall remain subject to the order to be passed upon petitioner's representation, as directed above. Required decision in that regard shall be taken within a period of six weeks from the date of presentation of a copy of this order."
So far as factual and legal aspect is concerned, the same could not be disputed by learned counsel for the respondents.
In the facts and circumstances of the case, present petition is also disposed of in terms of judgment in Saroj Kumar (Supra).
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.7.2021
SP/
