Hon'ble Manish Mathur,J.
(ORAL)
1.Head Constable Shri Dinesh Kumar Pandey and Head Constable Shri Lalji Mishra have preferred this appeal challenging order dated 27.05.2010 rendered by writ Court while dealing with Writ Petition No.3463 (SS) of 2010 titled 'Lalji Mishra and others vs. State of U.P. and others'.
Vide the impugned order, the writ petition filed by the appellants/writ petitioners was dismissed, the same having been filed against orders of transfer.
2.Learned counsel for the appellants has not appearedto prosecute the appeal. The appeal relates to the year 2010. 9 years have gone by. We find no justifiable reason to adjourn the case to await appearance of the counsel.
With the assistance of Shri Amitabh Shukla, learned counsel for the State, we have gone through the pleadings and considered the issue.
3.Learned Single Judge has taken into account the fact that the writ petition is directed against orders of transfer. It has been held that transfer is not only an exigency of service, but also a condition of service. Transfers are effected for obtaining efficiency in public administration.
4.Apparently, the appellants/writ petitioners did not show any rule, regulation or government order which might provide that the appellants/writ petitioners were not serving on transferable post. A possible view has been taken by learned Single Judge which is in accordance with law.
5.We find no reason to interfere in special appeal jurisdiction.
6.The appeal is dismissed.
Order Date :- 28.8.2019 Nishant/-