KISHAN PAL SINGH Vs. COLLECTOR AGRA

JUDGEMENT

(1.) -This special appeal has been filed against the impugned judgment of the learned single Judge dated 21.7.2004. We have heard learned counsel for the parties and have perused the record. In our opinion, this appeal deserves to be allowed.

(2.) THE writ petitioner (respondent No. 5 in this appeal) is a Lekhpal working in Aawal Khera, Tahsil Etmadpur, district Agra. By the order dated 11.6.2004, the petitioner was transferred within the same Tahsil in Agra district.

(3.) THE issue of transfer and posting has been considered time and again by the Apex Court and the entire law has been settled by a catena of decisions. It is entirely for the competent authority to decide when, where and at what point of time a public servant is to be transferred from his present posting. Transfer is not only an incident but an essential condition of service, Vide Union of India v. S. L. Abbas, AIR 1993 SC 2444 ; Shilpi Bose v. State of Bihar, AIR 1991 SC 532 ; Union of India v. N. P. Thomas, AIR 1991 SC 1605 ; Chief Manager (Tel.) N. E. Telecom Circle v. Rajendra Ch. Bhattacharjee, AIR 1995 SC 813 ; State of U. P. v. Dr. R. N. Prasad, 1995 (Suppl) 2 SCC 151 ; Union of India and others v. Ganesh Dan Singh, 1995 (Suppl) 3 SCC 214 ; N. K. Singh v. Union of India and others, (1994) 6 SCC 98 ; Abani Kante Ray v. State of Orissa, 1996 (1) AWC 2.14 (SC) (NOC) : 1995 (Suppl) 4 SCC 169 ; National Hydroelectric Power Corporation Ltd. v. Shri Bhagwan, 2001 (4) AWC 3053 SC) : (2001) 8 SCC 574 ; State Bank of India v. Anjan Sanyal and others, AIR 2001 SC 1748 and Public Services Tribunal Bar Association v. State of U. P. and others, 2003 (2) AWC 968 (SC) : (2003) 4 SCC 104, etc.