Research › Search › Judgment

Allahabad High Court · body

2020 DIGILAW 574 (ALL)

Lallan Prasad S/o late Shivnath Ram v. State of U. P. through its Secretary (Panchayatraj), U. P. at Lucknow

2020-02-20

BISWANATH SOMADDER, Y.K.SRIVASTAVA

body2020
JUDGMENT : 1. The instant Special Appeal arises in respect of a judgment and order dated 6th February, 2020, passed by a learned Single Judge in Writ-A No. 1412 of 2020 (Lallan Prasad versus State of U.P. and 4 others). By the impugned judgement and order, the learned Single Judge was pleased to dismiss the writ petition for the reasons stated therein. 2. The appellant before us is the writ petitioner. 3. For convenience, the impugned judgment and order is set out hereinbelow in its entirety: “Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. The petitioner by means of the present petition has assailed the order dated 24.12.2019 passed by respondent no.3, District Panchayat Raj Officer, Azamgarh whereby he has been transferred from Kaithi Shankarpur Block Lalganj, District Azamgarh to Umrishri, Lalganj, Azamgarh. The petitioner is a Class-IV employee and is working as Safai Karmi. Learned counsel for the petitioner while challenging the aforesaid order has submitted that the aforesaid transfer order has been passed in violation of para 8 of Government Order dated 29.03.2018 which provides that all the transfers shall be completed by 31st May of relevant year. Thus, the contention is that since the transfer order is of date 24.12.2019, therefore, the same is in violation of Government Order dated 29.03.2018. Per contra, learned counsel for the respondents submits that in fact the order impugned is not a transfer order rather petitioner has been shifted from one village to other village in same block and same district. Thus, the submission is that the Government Order dated 29.03.2018 is not applicable in the facts of the present case. Having considered the rival submissions of the parties and after perusing the record, this Court is of the opinion that no good ground has been made out by learned counsel for the petitioner for interference by this Court in the order dated 24.12.2019 inasmuch as petitioner has been shifted from one village to other village in same block and same district. The said transfer order does not cause any prejudice to the petitioner as it is purely an administrative order. Thus, this Court does not inclined to interfere with the order impugned in the writ petition. Consequently, writ petition lacks merit and is accordingly, dismissed.” 4. The said transfer order does not cause any prejudice to the petitioner as it is purely an administrative order. Thus, this Court does not inclined to interfere with the order impugned in the writ petition. Consequently, writ petition lacks merit and is accordingly, dismissed.” 4. After considering the submissions made by the learned advocates for the parties and upon perusing the impugned judgment and order, we notice that the same has been rendered by the learned Single Judge with cogent and justifiable reasons. In an Intra-Court Special Appeal, no interference is usually warranted unless palpable infirmities or perversities are noticed on a plain reading of the impugned judgment and order. In the facts and circumstances of the instant case, on a plain reading of the impugned judgment and order, we do not notice any such palpable infirmity or perversity. As such, we are not inclined to interfere with the impugned judgment and order dated 6th February, 2020. 5. For reasons stated above, the Special Appeal is liable to be dismissed and stands, accordingly, dismissed.