RAMESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYAT RAJ GOVT. OF U.P. LKO. AND 3 OTHERS
SPLA/285/2025 · 2025-08-28
Manjive Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160067 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160067 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL No. - 285 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard Shri Vinod Kumar Singh, learned Counsel for the appellant and Shri Anand Singh, learned Standing Counsel appearing for the State. 2. The instant special appeal has been filed challenging therein the judgment and order dated 28.07.2025 passed by learned Single Judge in Writ-A No.8207 of 2025 (Ramesh Kumar vs. State of U.P. and 3 Others) whereby the writ petition filed by the appellant herein had been dismissed. 3. Learned Counsel appearing for the appellant has submitted that the appellant has been transferred eight times within a short span and presently, his transfer has been made to a place which is at about 25 kilometers from his residence. 4. On the other hand, Shri Anand Singh, learned Standing Counsel appearing for the State has submitted that the place where the appellant has been transferred, is only 3 kilometers away from his present place of posting. It has also been informed that initially after passing of the transfer order, the appellant approached this Court and this Court directed the authorities to consider his representation. In compliance of the order passed by this Court, his representation was considered and it has been found that in the exigency of work his services are required at his new place of posting. Versus Counsel for Appellant(s) : Vinod Kumar Singh Counsel for Respondent(s) : C.S.C. Ramesh Kumar .....Appellant(s) State Of U.P. Thru. Prin. Secy. Panchayat Raj Govt. Of U.P. Lko. And 3 Others .....Respondent(s)
5. We have considered the arguments advanced by the learned counsels for the parties and we find that the appellant has only been transferred to a place which is at a distance of 3 kilometers from his present place of posting. We also find that the appellant is holding a post of 'Safai Karami' which comes in the category of essential services. 6. Keeping in view the exigency of work, the authorities have transferred the appellant from one place to another within the same Block. The transfer of a government servant is an exigency of service and it lies in the exclusive domain of the administrative authorities. We do not find any infirmity or illegality in the order passed by learned Single Judge, therefore, we are not inclined to interfere in the impugned judgment.
7. In view of the aforesaid reasons, this special appeal is dismissed. However, in future, the District Panchayatiraj Officer shall keep in mind that frequent transfers of a low paid employee often cause hardships, therefore, this aspect should be kept in mind. August 28, 2025 -Piyush- SPLA No. 285 of 2025 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench