Bhagat Ram Yadav v. State of U.P. Thru. Secy. Deptt. Nagar Vikas Lko. and 3 Others

Court No. - 8 Case :- WRIT - A No. - 9377 of 2023 Petitioner :- Bhagat Ram Yadav Respondent :- State Of U.P. Thru. Secy. Deptt. Nagar Vikas Lko. And 3 Others Counsel for Petitioner :- Sachin Srivastava Counsel for Respondent :- C.S.C.,Harish Chandra Yadav Hon'ble Pankaj Bhatia,J.

¶1The present petition has been filed by the petitioner challenging the order of transfer/attachment dated 07.11.2023 whereby the petitioner has been transferred from Nagar Panchayat Ekauna to Nagar Palika Parisad, Bhinga. The petitioner is also aggrieved with the order dated 28.11.2023 whereby he has been asked to handover the charge.

¶2The contention of the counsel for the petitioner is that the petitioner is due to retire on 31.03.2014 and the attachment order has been passed just at the fag end of the career.

¶3On the face of it, the transfer/attachment order is on administrative grounds, however, considering the fact that the petitioner is due to retire on 31.03.2024, the present petition is disposed off permitting the petitioner to file a fresh representation against his transfer/attachment before the respondent no.3 within one week from today. In case such an application is filed within one week, the respondent no.3 shall consider the case of the petitioner by passing an appropriate order within a period of two months thereafter.

¶4Till the decision on the representation, as directed herein above, the order dated 07.11.2023 and 28.11.2023 shall not be given effect to. In case the representation is not filed within one week, this order shall automatically come to an end.

¶5The writ petition stands disposed off with the said observations. Order Date :- 11.12.2023 VNP/- High Court of Judicature at Allahabad, Lucknow Bench