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2025 DAILYLAW 112276 (ALL)

SAMIT KUMAR BHATTACHARYA v. STATE OF U.P. AND 5 OTHERS

WRIA/20831/2024 · 2025-03-11

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36452 Court No. - 5 Case :- WRIT - A No. - 20831 of 2024 Petitioner :- Samit Kumar Bhattacharya Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anil Kumar Srivastava Counsel for Respondent :- C.S.C.,Manoj Kumar Srivastava,Pankaj Srivastava Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. The petitioner has been transferred by orders dated 04.10.2024 passed by the respondents No.3 and 5 to join at Fatehpur. Shri Anil Kumar Srivastava, learned counsel for the petitioner submits that the transfer order is in the teeth of the interim order dated 05.12.2019 passed in Writ-A No.16454 of 2019 (Rajeev Mishra and 19 others v. Uttar Pradesh Power Corporation Ltd. and 4 others). The stand of the petitioner is misconceived since he had already joined his new place of posting prior to the interim order dated 05.12.2019. The petitioner is not entitled to the protection of the interim order dated 05.12.2019 which is extracted hereunder: "Till the next date of listing, effect and operation of the orders impugned passed by the respondent authorities (Annexures-1 and 2 to the writ petition), so far as it relates to the present petitioners, shall be kept in abeyance. Petitioners shall not be compelled to join at the transferred place, provided they have not already joined." Moreover, the interim order dated 05.12.2019 has been vacated in Writ-A No.16454 of 2019 (Rajeev Mishra and 19 others v. Uttar Pradesh Power Corporation Ltd. and 4 others) by order dated 12.03.2025. Transfer is an incident of service and liable to be considered by the competent authority as per law. No employee has a vested right to be transferred to any place of their choice. The transfer can be challenged only on limited grounds namely, infraction of statutory provision or malafide. Malafides has not been asserted or established before this Court. No violation of any statute has been shown. The transfer policy does not confer any enforceable rights upon the petitioner. The writ petition is dismissed. Shri Pankaj Srivastava, learned counsel for the respondents No.2 to 6 submits that the petitioner is required to join at Vidyut Vitran Mandal Fatehpur in pursuance of the order dated 04.10.2024. The petitioner shall forthwith comply with the order dated 04.10.2024, failing which, the disciplinary action may be taken against him as per law. Order Date :- 12.3.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad