LAWS(P&H)-2006-3-59

THAKUR SINGH Vs. UNION OF INDIA

Decided On March 03, 2006
THAKUR SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The plaintiff has lost before the two Courts below. He filed a suit for declaration claiming that transfer order of defendant No.2 Paramjit Kaur was illegal, wrong and liable to be set aside. It was claimed by the plaintiff that Paramjit Kaur had been appointed after the death of Amarjit Singh, son of the plaintiff, on compassionate grounds. At that point of time, a bond was also executed by the aforesaid Paramjit Kaur and the plaintiff had stood as a guarantee that Paramjit Kaur would serve at least for a period of five years at Ferozepur.

(2.) In these circumstances, the plaintiff claimed that Paramjit Kaur could not have been transferred from Ferozepur to Chandigarh. The defendants contested the suit and maintained that the transfer of Paramjit Kaur was absolutely legal and valid and as per rules.

(3.) Both the Courts below have concurrently held that the plaintiff had no locus standi to file the suit in question, since transfer order of Paramjit Kaur, defendant No.2 could not be challenged by the plaintiff in any manner. Additionally, it has been held that transfer of Paramjit Kaur, defendant No.2, was absolutely legal and as per rules. The suit filed by the plaintiff was dismissed by the learned trial Court and his appeal failed before the learned First Appellate Court.