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2025 DAILYLAW 55687 (ALL)

NAVAL KISHOR v. STATE OF U.P. AND 3 OTHERS

WRIA/6396/2025 · 2025-05-11

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76584 Court No. - 4 Case :- WRIT - A No. - 6396 of 2025 Petitioner :- Naval Kishor Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gunjan Sharma,Namit Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Sri Namit Kumar Sharma, learned counsel for the petitioner and learned Standing Counsel for the State. 2. By means of this petition filed under Article 226 of Constitution of India, the petitioner has assailed the order dated 01.04.2025 passed by respondent no.3 as well as consequential order passed on 07.04.2025 by respondent no.4. 3. Learned counsel for the petitioner has raised two prong arguments to assail the order: a. Petitioner being a contract employee could not have been transferred from one block to another block as contract of employment is block specific; and b. Just because the petitioner cannot be transferred to another block he cannot be saddled with the liability to discharge duties of another block and that too several panchayats which are 10-12 in numbers. 4. It is contended by learned counsel for the petitioner that such kind of allotment of administrative duties is like circumventing the contract appointment conditions which restrain the respondents from transferring the contract employees from one block to another block. He has further submitted that earlier he had approached this Court by means of writ petition being Writ A No.16975 of 2021 alongwith several other persons which was disposed of with a direction to the respondents to assign such Technical Assistant 5 to 10 Gram panchayats as per the Government orders that have been issued from time to time. It is contended by learned counsel for the petitioner therefore, that this kind of administrative action at the end of the respondent authorities is not only contrary to the Government order but also in the teeth of directions issued by this Court on 22.12.2021 passed in Writ A No.16975 of 2024. 5. Learned Standing Counsel on the contrary submits that the allotment of Gram Panchayats is a pure administrative exercise of power and is done in public interest and for administrative exigency. He submits that due to shortage of technical assistants that may not be available in some of the blocks and that transfers cannot be made, in order to have better administration, this kind of orders are being passed. 6. Having heard learned counsel for the parties, I find that the order has been passed for assignments of more panchayats to the petitioner in administrative exercise of power. 7. It is true that the petitioner being a technical assistant is posted by virtue of contract appointment being block specific and hence he cannot be transferred but this does not restrain the respondents from assigning more panchayats to the petitioner. It is equally true that there may be Government Orders which may restrict the authorities from assigning more panchayats than what is otherwise reasonably practicable for technical assistant to discharge duties but such Government Orders are purely policies in nature and also should not ordinarily call for interference of this Court in exercise of jurisdiction under Article 226 of Constitution of India. However, I may hasten to add that the respondents have to give due consideration to such Government Orders while assigning Gram Panchayats and in the event enough numbers of technical assistants are available then such technical assistants should not be over burdened by assignments of a large number Gram Panchayats. 9. In such above view of the matter petitioner should approach the authority by making a representation and in the event such a representation is made, the authority shall be taking pragmatic view of the matter. 10. Accordingly, while I decline to grant indulgence in the matter of order impugned, I dispose of this petition with direction to the petitioner to make a fresh representation regarding his grievance before competent respondent authority which is respondent no.2 within a period of two weeks, the same shall be looked into and considered and also be disposed of as expeditiously as possible preferably within a further period of six weeks taking into consideration the relevant Government Orders issued from time to time and particularly the order dated 22.12.2023 passed in Writ A No.16795 of 2024. Order Date :- 12.5.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad