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Neutral Citation No. - 2025:AHC:11852-DB Court No. - 39 Case :- SPECIAL APPEAL No. - 1092 of 2024 Appellant :- Pramod Kumar Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Ram Autar Verma Counsel for Respondent :- C.S.C. Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. The appellant-petitioner who is a class IV employee (wardboy) had filed a writ petition against the order dated 09.10.2024 by which he had been transferred from the Community Health Centre, Maudaha, District Hamirpur to the office of the Chief Medical Officer, District Hamirpur.
2. Learned counsel for the appellant-petitioner argued that the transfer order was arbitrarily passed inasmuch as the appellant- petitioner who was working as a ward-boy after his appointment in the community health centre could not have been transferred as a class-IV employee to the office of the Chief Medical Officer where there is no post of wardboy in existence.
3. Learned counsel for the appellant-petitioner has relied upon a
judgment of Hon'ble Supreme Court reported in 1995 SCC, SUPL. (4) 169 Abani Kanta Ray v. State of Orissa & Others wherein it has been held that if a transfer order smacks of arbitrariness or if it is vitiated by any principle governing the principles of transfer only then the writ court might interfere.
4. Having heard the learned counsel for the appellant we are of the view that the appellant though was appointed as a ward boy, was a class IV employee and that he was transferred within the district in the office of the C.M.O. We further find that there is no arbitrariness in the impugned order of transfer and also no principle governing transfers has been shown to have been violated. Further we find that no prohibition had been pointed out by the learned counsel for the appellant-petitioner to show that a wardboy could not be transferred as class IV employee to the office of Chief Medical Officer. It is not in dispute that a wardboy at the time of appointment was a class IV employee.
5. The instant special appeal thus lacks merit and is accordingly dismissed.
Order Date :- 23.1.2025 Asha (Dr. Y. K. Srivastava, J.) (Siddhartha Varma,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad