LAWS(ALL)-2012-8-40

DINESH KUMAR MISHRA Vs. STATE OF U P

Decided On August 22, 2012
DINESH KUMAR MISHRA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing Council representing the respondents.

(2.) THE petitioner, who is working as a Clerk in Transport Department and posted in the office of the Additional Regional Transport Officer, Jaunpur since 1993, has approached this Court challenging the order dated 31.07.2012 transfering him from Jaunpur to Azamgarh on the ground that since he is an elected office bearer of District Level Committee hence his transfer is in violation of transfer policy dated 22.05.2012. which provides that elected office bearers are not liable to be transferred for two years of their election.

(3.) FURTHER, the transfer policy provides that transfer of an elected office bearer of the duly recognized Association is not ordinarily to be made within two years of their election. There is nothing on record to indicate that the Association/Union of which the petitioner claims to have been elected as Secretary is duly recognized.