PRABHU NATH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS Special Appeal is directed against the judgment and order of a learned single judge who dismissed the appellant's writ petition directed against the order passed by the Settlement Officer (Consolidation), Ballia in the directions of the Director of Consolidation, U. P., Lucknow, transferring him from Ballia to Mirzapur. The appellant is a Consolidation Lekhpal. The appellant's plea was that his service conditions were governed by Lekhpals Service Rules, 1958 under which an order of transfer could be passed only by the Collector of the Assistant Collector in the situations specified in Rule 21. It is asserted that no authority other than the one specified in Rule 21 could exercise power of transfer.

(2.) IN the year 1978 the State Government promulgated the Uttar Pradesh Consolidation Lekhpals Service Rules, 1978. These rules make provisions for sources of recruitment, reservation, age qualification, academic qualification, professional qualification and certain other matters. There is no specific provision relating to transfer. IN Rule 24 it is mentioned that in regard to, the matters not specifically covered by these rules or by special orders, persons appointed to the service, shall be governed by the rules, regulations and orders applicable generally to Government servents serving in connection with affairs of the State. Learned single judge has placed reliance upon these provisions for rejecting the claim of the appellant. He has held that since 19?8 rules do not contain any specific provisions regarding transfer, the general rule relating to transfer of a Government servant will apply in the present case and under the general law the appellant could be transferred from one district to another.

(3.) WE proceed on the assumption that the petitioner's service conditions shall continue to be governed by 1958 rules. Rule 21 upon which strong reliance has been placed by the learned counsel for the appellant reads as follows :