Court No. - 4
Case :- WRIT - A No. - 27192 of 2018 Petitioner :- Ravi Dularey Kanujiya Respondent :- District Magistrate, Gorakhpur And 2 Others Counsel for Petitioner :- Vishnu Swaroop Srivastava Counsel for Respondent :- C.S.C.,Arun Kumar
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
The petitioner aggrieved against the intra district transfer and wants for consideration of his representation.
The Division Bench of this Court 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."
In view of the above, the writ petition stands disposed of in terms of the judgment of Smt. Shikha Singh (supra).
Order Date :- 20.12.2018 Atmesh