PRAMOD KUMAR VERMA AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. MINISTRY OF RURAL DEVELOPMENT LKO. AND 4 OTHERS
WRIA/6025/2024 · 2025-01-20
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150955 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150955 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3516 Court No. - 5 Case :- WRIT - A No. - 6025 of 2024 Petitioner :- Pramod Kumar Verma And 5 Others Respondent :- State Of U.P. Thru. Prin. Secy. Ministry Of Rural Development Lko. And 4 Others Counsel for Petitioner :- Shashank Singh Counsel for Respondent :- C.S.C.,Ram Kumar Singh Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioners, Dr Udai Veer Singh, learned Additional Standing Counsel for the State-respondents. Notice on behalf of respondent No.2 has been accepted by Shri Ram Kumar Singh, Advocate. 2. Under challenge is the order dated 30.06.2024, a copy of which is Annexure-1 to the petition, whereby the petitioner, who is working on contractual basis as Block Mission Manager has been transferred within the district and has been posted from Block Akbarpur to Block Jahangirganj in District Ambedkar Nagar. 3. Learned counsel for the petitioner has placed reliance on a Government Order dated 23.08.2023, a copy of which is Annexure-4 to the petition, to contend that the power of transfer of Block Mission Manger within the district has been given to the District Magistrate. 4. The argument is that the impugned order dated 30.06.2024 has not been passed by the District Magistrate rather it has been passed by the Deputy Commissioner (Self Employment) and a copy of the said order has been sent to the District Magistrate for information meaning thereby that it is only subsequent to the transfer of the petitioner by the competent authority that in this case the District Magistrate has been informed about the transfer order which thus vitiates the order impugned. 5. Learned Additional Chief Standing Counsel is not able to dispute
the applicability of the Government Order dated 23.08.2023 as indicated above. 6. Considering the aforesaid more particularly the Government Order dated 23.08.2023, which categorically gives the power to transfer within the district of a Block Mission Manager only to the District Magistrate and the impugned order dated 30.06.2024 having been passed by an incompetent authority and not by the District Magistrate consequently the order dated 30.06.2024, a copy of which is Annexure-1 to the petition, is quashed. 7. The petition is allowed. Consequences to follow. 8. However, it would be open for the competent authority to transfer the petitioner if so required.
Order Date :- 20.1.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench