SHOBHA SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Dinesh Dwivedi learned counsel for the petitioner and learned Advocate General for respondents.

(2.) The petitioner challenging Ordinance No. 14 of 1999 known as U.P. Panchayat Raj (Amendment) Act 1999, copy of which is Annexure-1 to the writ petition. The petitioner claims to be a government servant and she has alleged that by the impugned ordinance she has been transferred on permanent basis to the Gram Panchayat.

(3.) Shri Dinesh Dwivedi learned counsel for petitioner has submitted that the petitioner is a government servant and hence without her consent she cannot be transferred and placed under the Gram Panchayat. He has relied on the decision of Supreme Court in Jawhar Lal University Versus Dr. K.S. Jawatkar, AIR 1989 SC 1577 and he has placed emphasis on para 7 of the aforesaid decision. In my opinion this decision does not apply to the facts of the present case for two reasons. Firstly that was a case of a transfer of an employee from the Jawahar Lal Nehru University to Manipur University and it was not a case of a government servant. Article 309 of the Constitution states;