STATE OF U.P. Vs. RAM KRISHNA MISHRA

JUDGEMENT

(1.) The Special Appeal arises from a judgment of the learned Single Judge dated 5 December 2013, allowing the writ petition under Article 226 of the Constitution and setting aside an order of transfer issued in respect of the services of the respondent, who was working as a Cane Supervisor.

(2.) The respondent was initially appointed on 24 June 1980 as Ganna Gram Sewak, which post was merged with the post of Cane Supervisor on 10 June 1988. On 30 August 1994, the respondent was posted in the office of the District Cane Officer, Mau where-after with effect from 2 September 2002, he was again posted in the office of the District Cane Officer, Azamgarh. The respondent admittedly worked for a period of about eleven years in the office of the District Cane Officer at Azamgarh until an order of transfer was issued on 28 May 2013 posting him from district Azamgarh to district Balrampur.

(3.) Taking into consideration a letter of the Deputy Cane Commissioner dated 29 May 2013, which highlighted the need to retain the respondent in view of an ensuing CAG Audit, the order of transfer was held in abeyance on 31 May 2013. Thereafter, with the approval of the State Government which was communicated on 28 June 2013, the order dated 31 May 2013 holding the transfer in abeyance was cancelled and the order of transfer was restored. An application was submitted by the spouse of the respondent seeking cancellation of the order of transfer of the respondent to Balrampur stating that she had two married daughters and was suffering from Blood Pressure and Diabetes. Following this representation, the State Government approved the transfer of the respondent to a nearby district and, accordingly, by an order of the Cane Commissioner dated 31 July 2013, the respondent was posted to district Mau under the same commissary in place of district Balrampur as was originally envisaged.