Safijan Ahmad And Another vs State Of U.P. And 4 Others
2022 Latest Caselaw 20990 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 16899 of 2022
 

 
Petitioner :- Safijan Ahmad And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Santosh Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.

The writ petition has been filed with the following prayers:-

"I. Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 05.05.2022, Patrank 84/MNREGA Lekha Sahayak Sthanantaran/2022-23 of petitioner no.1 as well as Patrank 85/MNREGA Lekha Sahayak Sthanantaran/2022-23 of petitioner no.2 passed by the respondent no.5, Deputy Commissioner (Labour Employment/Joint District Program Coordinator, District Ballia.

II. Issue a writ order or direction in the nature of mandamus directing/commanding the respondent no.5 not to interfere the functioning of petitioner, whereon he was working before transfer order dated 05.05.2022 as Account Assistant in Mahatma Gandhi Rastriya Grameen Rojgar Guarantee Yojna."

It is submitted by learned counsel for the petitioner that by impugned order dated 5th May, 2022. Petitioner no.1 has been transferred from Rasra to Siyar and petitioner no.2 has been transferred from Siyar to Dubahad. He submits that the petitioners are a contractual employee and as such the transfer of the petitioners cannot be made. In this respect, the petitioner has place reliance upon a judgment of this Court in Writ-A No.16098 of 2021, Yogendra Kumar Singh Vs. State of U.P. and others decided on 1st December, 2021.

It is further submitted that the respondents have not considered their objection to the transfer order, although the petitioners have joined their place of posting. In this respect, the petitioners have already represented the respondent authorities.

Learned Standing Counsel submits that the objection of the petitioners' will be considered and decided in case petitioners file a fresh representation before respondent no.3.

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, this writ petition is disposed of directing the petitioners to file a fresh representation before respondent no.3 within 15 days from today along with a certified copy of this order. In case any such representation is filed, the same shall be considered and decided by respondent no.3 in accordance with law within a further period of two months.

Order Date :- 14.12.2022

Bhaskar