Harendra Kumar Singh vs State Of U.P. And 3 Others
2022 Latest Caselaw 9431 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 11501 of 2022
 

 
Petitioner :- Harendra Kumar Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Shahid Ali Siddiqui
 
Counsel for Respondent :- C.S.C.,Archana Singh,Pranesh Dutt Tripathi
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner, learned State counsel for respondents no.1 and 2 and Mr. P.D. Tripathi, learned counsel for respondents no.3 and Ms. Dolly Dwivedi, learned counsel holding brief for Ms. Archana Singh, learned counsel appearing for respondent no.4.

Petition has been filed seeking a direction to the respondent for deciding petitioner's second application dated 04.04.2022 for inter district transfer in the light of directions issued by this Court vide judgment and order dated 15.07.2021 passed in Special Appeal Defective No.471 of 2021, Sudha versus State of U.P. and others.

Learned counsel for petitioner submits that petitioner's earlier application seeking inter district transfer had been rejected on the ground of inadequacy of documents to support his claim. It is submitted that thereafter petitioner has filed second application dated 04.04.2022. Attention has been drawn by learned counsel to judgment rendered in the case of Sudha (supra) to submit as second application for inter district transfer has now been held to be maintainable. At present learned counsel for petitioner restricts his prayer for a final decision with regard to same.

Learned counsel appearing on behalf of respondents while admitting the applicability of judgment rendered in the case of Sudha (supra) submits that the petitioner would not have a right to be transferred as has been held in the aforesaid judgment.

Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case, respondent no.4. i.e. Secretary, U.P. Shiksha Parishad, Prayagraj is directed to decide representation dated 04.04.2022 by reasoned and speaking order within a period of six weeks from the date a copy of this order is produced before him. Holding the Second Application for inter district to be maintainable in the light of judgment rendered by this Court in the case of Sudha (supra)

With the aforesaid observations, the writ petition stands disposed of.

Order Date :- 5.8.2022

Subodh/-