RAVINDRA NATH v. UNION OF INDIA THRU. ITS SECY. MINISTRY OF POWER NEW DELHI AND 7 OTHERS
SPLA/149/2025 · 2025-04-09
Attau Rahman Masoodi, Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132963 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132963 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19878-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 149 of 2025 Appellant :- Ravindra Nath Respondent :- Union Of India Thru. Its Secy. Ministry Of Power New Delhi And 7 Others Counsel for Appellant :- Sameer Singh,Abhishek Yadav Counsel for Respondent :- A.S.G.I.,Mohd. Yasir Hon'ble Attau Rahman Masoodi,J. Hon'ble Rajeev Singh,J.
1. Vakalatnama filed by Sri Prashant Ranjan learned counsel on behalf of the opposite party nos. 2 to 7 is taken on record. 2. Heard learned counsel for the appellant, Sri Upendra Nath Mishra, learned Senior Counsel, assisted by Sri Prashant Ranjan, learned counsel for the opposite party nos. 2 to 7 and Sri Ashwani Kumar Singh learned counsel who has put in appearance on behalf of Union of India. 3. This intra court appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is directed against the judgement/order rendered by the writ court on 24.3.2025 in Writ A No. 3137 of 2025 whereby the writ petition instituted by the appellant herein has been rejected on merit. The writ petition filed by the appellant was directed against the rejection of his representation filed against the order of transfer. The appellant previously approached this Court for a decision on his representation which was decided by the order dated 24.2.2025 as has been reproduced in the impugned order itself. 4. Two aspects of the matter raised in the representation
were directed to be specifically dealt with by the competent authority; firstly, as to why the benefit of soft posting may not be extended to the appellant; secondly as to why the transfer order may not be deferred until the board examination in which the appellant's daughter is appearing are over. 5. The representation made by the appellant was rejected on 13.3.2025 much before the date when the board examinations were over i.e. 27.3.2025. Moreover, the appellant appears to have reiterated his grievance with respect to the soft posting while assailing the order of rejection of his representation on 13.3.2025. 6.
Insofar as the aspect of soft posting is concerned, learned Single Judge having regard to the service book of the appellant has clearly recorded that the State of Himachal Pradesh being recorded as a domicile State of the appellant would thus not entitle him to raise a grievance on this score particularly when the said State was a domicile State of the appellant as per his own assertion and representation made in this regard. 7. The service book has also been placed before us wherein Himachal Pradesh, with the definite particulars of the address, has been shown to be the domicile State of the appellant. On the other aspect of the matter regarding board examination of his daughter, a clear observation has been recorded by the writ court to the effect that the order of transfer has been given effect to after the board of examination was over on 27.3.2025 and a further period of 10 days was granted to the appellant
for joining at the transferred place in compliance of the transfer order dated 27.1.2025. 8. Learned counsel for the appellant even at this stage has stated that the appellant has not joined as yet but he has prayed that he may be permitted to join within a further period of 15 days i.e. on or before 25.4.2025. 9. Considering this to be a statement on behalf of the appellant conceding to comply with the order of transfer, a further period of 15 days is granted to him to join at the new place of posting in the State of Himachal Pradesh. In the event of non-compliance of this undertaking expressed by the appellant, it shall be open to the departmental authorities to proceed against him in accordance with law. 10. The intra court appeal bereft of any merit is accordingly dismissed with the observations as above. . [Rajeev Singh,J.] [Attau Rahman Masoodi, J.] Order Date :- 9.4.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench