Court No. - 4
Case :- WRIT - A No. - 27251 of 2018 Petitioner :- Mukesh Kumar Dubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Counsel for Respondent :- C.S.C.,Jay Ram Pandey Hon'ble Ajit Kumar,J.
The petitioner seeks transfer from district Mirzapur to Gautambudh Nagar. The transfer has already been held to be not a vested right. The Division in the case of Smt. Shikha Singh and 24 Others v. State of U.p. and 3 Others in Special Appeal No. 870 of 2018 decided on 4th October, 2018, has already taken view thus:
"At the cost of repetition, it would be appropriate to state that Rule 21 is only a relaxation clause and that in no manner creates any substantive enforceable legal right sufficient to issue a writ in the nature of mandamus.
So far as Rule 8(2)(d) of the Rules, 2008 is concerned, suffice it to state that that too does not create any right in favour of the appellants. A plain reading of the Rule aforesaid makes it clear that this too is an exception to the general rule of not transferring a person from one district to other district in normal course.
In light of whatever stated above, the appeals lack merit, hence the same are dismissed."
The writ petition is consigned to record in terms of the aforesaid judgment.
Order Date :- 20.12.2018 Sanjeev