Kunwar Pal Singh vs State Of U.P. And 3 Others
2022 Latest Caselaw 8452 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 10862 of 2022
 

 
Petitioner :- Kunwar Pal Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Sharda Vishwakarma,Awadhesh Kumar Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Varma,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.

This petition assails an order of transfer dated 30.06.2022.

Learned counsel for the petitioner submits that the petitioner is at the verge of superannuation. Therefore, the transfer order is in violation of transfer policy.

It is not in dispute that the petitioner holds a transferable post. It is a settled law that transfer is an exigency of service. Ordinarily the Court should not interfere in the matter of transfer except on the limited grounds i.e. violation of statutory rules and malafide. Violation of transfer policy or executive order does not confer any vested right on the employee to challenge the transfer order in the Court. Reference may be made to the judgments of the Supreme Court in Union of India and others v. S.L. Abbas, (1993) 4 SCC 357; Shilpi Bose (Mrs.) and others v. State of Bihar and others, 1991 Supp 2 SCC 659; and, N.K. Singh v. Union of India and others, (1994) 6 SCC 98.

In view of the above, this Court is not inclined to interfere with the transfer order in exercise of its discretionary jurisdiction under Article 226 of the Constitution of India. The writ petition lacks merit and it is dismissed accordingly.

Order Date :- 28.7.2022

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