Shiv Prasad Yadav vs State Of U.P. Thru. Addl. Chief ...
2022 Latest Caselaw 12855 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- SPECIAL APPEAL No. - 374 of 2022
 

 
Appellant :- Shiv Prasad Yadav
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home And 6 Others
 
Counsel for Appellant :- Arun Kumar Shukla, Brijendra Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Saurabh Srivastava,J.

1. Heard Shri Brijendra Kumar Singh, learned counsel for the appellant-petitioner and learned State Counsel representing the Respondents.

2. This special appeal seeks to challenge the judgment and order dated 27.07.2022 passed by the learned Single Judge whereby the writ petition filed by the appellant-petitioner, namely, Writ-A No.4669 of 2022 has been dismissed. The petitioner was initially transferred from Lucknow to Sitapur for the reason that he had been posted at Lucknow for 25 long years. When he made a request to cancel his transfer, he has been transferred now to Jalaun. The only ground urged in the special appeal is that the order transferring the appellant-petitioner to Jalaun states that he was transferred on compassionate ground (Anukampa ke aadhar par). However, he had never made a request to be transferred to Jalaun.

3. Learned State counsel was directed to seek instructions by this Court by means of the order dated 24.08.2022. On the basis of instructions received, the learned State counsel has submitted that the occurrence of the words "Anukampa ke aadhar par" in the order transferring the appellant-petitioner to Jalaun is inadvertent and as a matter of fact he was transferred to Jalaun on the request made by him that his transfer order from Lucknow to Sitapur be cancelled.

4. We have been informed that the appellant has joined at Jalaun on 10.09.2022. In view of the aforesaid clarification given by the learned State counsel, we do not find any good ground to interfere in the judgment and order passed by the learned Single Judge which is under appeal herein. We, however, direct that the period during which the appellant-petitioner could not join at Jalaun, shall be regularized by the respondents-authorities and shall not be treated in any manner to be a break in service of any kind.

5. With the aforesaid observations, the special appeal is hereby disposed of.

Order Date :- 13.9.2022

PAL