LAWS(ALL)-2007-8-323

ADHINASTH KRISHI SEWA SANGH UTTAR PRADESH BRANCH KANPUR MANDAL, KANPUR AND OTHERS Vs. STATE OF U.P. AND OTHERS

Decided On August 07, 2007
Adhinasth Krishi Sewa Sangh Uttar Pradesh Branch Kanpur Mandal, Kanpur And Others Appellant
V/S
State of U.P. and others Respondents

JUDGEMENT

(1.) In the present case, Adhinasth Krishi Sewa Sangh Uttar Pradesh Branch Kanpur Mandal, Kanpur and 18 others have filed present writ petition, questioning validity of transfer policy and the subsequent orders of transfer orders based on the same, from Kanpur Dehat to Farrukhabad.

(2.) Objection has been raised by Stamp Reporter in respect of single court fee, which has been paid, whereas, as per report, court fee ought to have been paid by each and every petitioner. Association is questioning the validity of transfer policy and as such single court fee has been paid. Taxing Officer has reported that, as single court fee has been paid, writ petition is not liable to be entertained. Once policy has been challenged , then certainly single set of court fee is sufficient. The objection is overruled and writ petition is entertained.

(3.) In the present case, petitioner Nos. 2 to 18 are regular employees of Krishi Prasar Vibhag of U.P. They have been transferred from Kanpur Dehat to Farrukhabad. Contention of petitioners is that transfer has taken place on account of policy decision dated 10.06.2005 and 24.05.2007 and the said policy is unsustainable, as the same has been framed against all established norms and public interest. Petitioners are low paid employees and no object would be served. Transfers have been termed to be capricious and not in public interest.