Court No. - 38
Case :- SPECIAL APPEAL No. - 704 of 2019 Appellant :- Ankit Vashishth And Another Respondent :- U.P. Power Corporation Limited And 3 Others Counsel for Appellant :- Pranesh Kumar Mishra Counsel for Respondent :- Baleshwar Chaturvedi,Abhishek Srivastava
Hon'ble Abhinava Upadhya,J. Hon'ble Saurabh Shyam Shamshery,J.
By means of this special appeal, the appellants have questioned the order dated 26.4.2019, passed by the learned Single Judge in Writ-A No.1925 of 2019.
The appellants have approached this Court being an employee of the Dakshinanchal Vidyut Vitran Nigam, Agra and by an order dated 21.1.2019, they were transferred to Purvanchal Vidyut Vitran Nigam, Ltd. The appellants-petitioners challenged the order of transfer before this Court and this Court considering the guidelines of the Hon'ble Supreme Court with regard to ex-post facto approval, recorded a finding that such approval was duly taken and thereafter the appellants- petitioners were transferred which is in consonance with the guidelines of the Hon'ble Supreme Court. That apart, transfer is an incidence of service and the learned counsel for the appellants does not dispute the fact that under the rules they hold a transferable post. That being the case, we do not find any error in the conclusion drawn by the learned Single Judge and we are in respectful agreement with the same.
The special appeal has no merit. It is accordingly dismissed.
Shri. Abhishek Srivastava has appeared on behalf of respondent nos.1 and 2.
Order Date:-29.5.2019 SB (Saurabh Shyam Shamshery,J.) (Abhinava Upadhya,J.)