Allahabad High Court
Rupendra Kumar And 7 Others vs State Of U.P. And 5 Others on 22 March, 2021
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 35
Case :- WRIT - A No. - 618 of 2021
Petitioner :- Rupendra Kumar And 7 Others
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Agnihotri Kumar Tripathi
Counsel for Respondent :- C.S.C.,Arun Kumar,Santosh Kumar
with
Case :- WRIT - A No. - 429 of 2021
Petitioner :- Arvind Kumar Singh And 11 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Ranjit Saxena,Kamlesh Tiwari
Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the parties.
As both the writ petitions have been filed on the same cause of action by different petitioners and involves the same question of law, therefore, they were heard together and are being decided by a common judgment.
The writ petitions have been filed challenging the different orders passed by the respondents rejecting the application of the petitioners for inter-district transfers on the ground that they were not eligible to be considered for inter-district transfers because the petitioners had not completed the minimum period required to be considered for inter-district transfers.
The contention of the petitioners is that through Government Order dated 15.12.2020, the cut-off date i.e., 17.12.2020 fixed for counting the minimum period of service of five years to be considered for inter-district transfers is arbitrary and was therefore, liable to be quashed.
It has been argued by the counsel for the petitioners that through the aforesaid Government Order, the last date for publication of the list of the candidates whose application for inter- district transfers had been allowed was 30.12.2020 on which date the petitioners had completed the minimum period of service required to be considered for inter-district transfers and therefore, they were entitled to be considered for inter-district transfers. A perusal of the Government Order dated 15.12.2020 shows that candidates desiring to be considered for inter district transfers had to file their application between 18.12.2020 to 21.12.2020.
A cut-off date cannot be fixed with mathematical precision. In view of the aforesaid, there is no arbitrariness in fixing 17.12.2020 as the cut-off date for completing five years of service in order to be considered for inter-district transfers.
It was further argued by the counsel for the petitioners that this Court vide its judgment and order dated 3.11.2020 passed in Writ A No.878 of 2020 (Divya Goswami and others versus State of U.P & others) had prohibited mid-session transfer and the said prohibition was modified vide order dated 3.12.2020 only regarding the transfer for the academic session 2019-2020. It was argued by the counsel for the petitioners that for academic session 2019-2020, the eligible candidates were required to complete their five years service in the said session and therefore, fixing 17.12.2020 as the cut-off date implies that application were invited for inter-district transfers in the academic session 2020-2021. It was argued that in the said circumstances, the cut-off date should have been 31.12.2020.
A perusal of the Government Order dated 15.12.2020 shows that the aforesaid Government Order was regarding inter-district transfers in the academic session 2019-2020. In case the argument of the counsel for the petitioners is accepted, the aforesaid would necessitate quashing all the inter-district transfers made by the respondents in pursuance to the Government Order dated 15.12.2020 which would not benefit the petitioners. In the circumstances, the petitioners would have no locus standi to challenge the aforesaid Government Order and the writ petition would be liable to be dismissed on the aforesaid ground only.
It was contended by the counsel for the petitioners that the inter-district transfers for the academic session 2020-2021 was to be held after December 2020 and the petitioners would have been eligible to be considered for the same. The argument is presumptive and is based on an uncertain event that the authorities would have necessarily gone for inter-district transfers in the academic session 2020-2021. The counsel for the petitioners has not been able to show any statutory rule by virtue of which the respondents would be bound to consider applications for inter-district transfers in every academic session.
For the said reasons, the writ petition lacks merit and is dismissed.
Order Date :- 22.3.2021
IB
