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2025 DAILYLAW 106880 (ALL)

SANTOSH KUMAR SRIVASTAVA AND 14 OTHERS v. State of UP AND 3 OTHERS

SPLA/1040/2024 · 2025-04-27

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

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Judgment text

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Neutral Citation No. - 2025:AHC:65038-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 1040 of 2024 Appellant :- Santosh Kumar Srivastava And 14 Others Respondent :- State Of Up And 3 Others Counsel for Appellant :- Sheo Kinkar Singh,Suryaprakash Sharma Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Learned Single Judge has dismissed the writ petition filed by the appellants challenging their order of transfer. The appellants are working as Collection Amins and have been transferred within the district from one tehsil to another. They are in the same tehsil for the last ten years. Relying upon the applicable Government Orders, laying down the transfer policy, the appellants have been moved from one tehsil to another. Aggrieved by the such transfer, the appellants approached the learned Single Judge, who has dismissed the writ petition. 2. Learned counsel for the appellants argues that the Collection Amins are ordinarily posted in the same tehsil as they are acquainted with the persons of the area and, if they are shifted to a different tehsil, they will not be able to recognise and identify persons and, therefore, the work assigned to them would suffer. He has placed reliance upon an office letter dated 9.6.2017, which refers to some order passed by Hon'ble the Supreme Court in the year 1979. It is submitted on the strength of this letter that the transfer from one tehsil to another tehsil would be impermissible. 3. Dr. D.K. Tiwari, learned Addl. Chief Standing Counsel for State-respondents, opposes the aforesaid arguments. 4. The letter relied upon by the appellants would not be of much help to their cause inasmuch as this office letter refers to Fourth Amendment incorporated in Collection Amin Service Rules, 1984 which allows a Collection Amin to be transferred from one tehsil to another. The judgment of Hon'ble Supreme Court has not been placed before us. However, it appears that this judgment was delivered interpreting the unamended Rules. Once the Service Rules permit transfer of Collection Amin from one tehsil to another, no further restriction on exercise of such power can be culled out particularly when it is otherwise shown to be in consonance with the general transfer policy of the State. 5. We do not find any substance in the challenge laid to the order of transfer inasmuch as they are government servants who are holding transferable posts. Transfer is an incidence of service. After having worked in the same tehsil for around ten years, if they have been shifted within the district from one tehsil to another, we do not find any occasion for this Court to interfere with the transfer. 6. We are thus in respectful agreement with the view taken by the learned Single Judge in dismissing the writ petition. 7. This appeal lacks merits and is dismissed. Order Date :- 28.4.2025 DKS Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad