RAJU SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Dr. S.B.Singh, learned advocate assisted by Sri Pranesh Kumar Mishra, learned advocate for the appellant, Ms. Usha Kiran, learned advocate for the respondents No.2 to 4 and learned Standing Counsel for the respondent-State.

(2.) The subject matter of challenge in the present Special Appeal is a judgment and order dated 16th September, 2019 passed by a learned Single Judge whereby Writ-A No.13852 of 2019 (Raju Sharma Vs. State of U.P and others), was dismissed having found to be misconceived. The appellant before us is the writ petitioner. The brief facts of the case are as follows:

(3.) The writ petitioner approached the writ Court challenging a transfer order dated 12th July, 2019 and also a relieving order dated 26th July, 2019. In terms of the impugned transfer order, 36 employees working in different offices of the Electricity Urban Distribution Khand/Zone were transferred from Aligarh to the adjoining districts such as Etah, Hathras and Kasganj. A ground for challenging the transfer order was that it affected the seniority of the writ petitioner once he was transferred from one Circle to another. Another ground which the writ petitioner took before the learned Single Judge was that his wife was working in U.P. Power Corporation Limited in Aligarh and under the transfer policy, spouses are to be posted at the same place and the writ petitioner therefore, could not be transferred from Aligarh to another district.