RAMA SHANKER RAI Vs. STATE OF U P

JUDGEMENT

(1.) BY the Court-BY a common order dated 30th June, 1988, no less than 276 Lekhpals have been transferred from one sub-division to another sub-division in the same district. The two petitioners before this Court are amongst the effected Lekhpals, Hence this petition.

(2.) IN the purported exercise of power under Article 309 of the Constitution the Lekhpal Service Rules, 1958 (hereinafter referred to as Rules) have been made. Rule 21 alone deals with transfers of Lekhpals. Clause (a) of this Rule is material. It reads :-

(3.) THE Government order dated 14th March, 1988 states that it has been brought to the notice of the State Government that there are some Lekhpals 'who have been posted for more than 10 years in those very Tahsils of which they are the residents. In accordance with the Government Order some such Lekhpals had been transferred outside the Tahsils, but lateron they were retransferred to their original Tahsils. This was contrary to the Government policy. THE Under Secretary, who authenticated the Government Order requested the Board of Revenue, the Commissioners of various Divisions and the various District Magistrates in the State to transfer the Lekhpals who had put in more than 10 years of service in their home Tahsils.