Court No. - 29
Case :- SPECIAL APPEAL No. - 235 of 2019 Appellant :- Ravi Pratap Singh Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Anil Kumar Srivastava,Surendra Singh Chauhan Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saumitra Dayal Singh,J.
Heard Sri Anil Kumar Srivastava, learned counsel for the petitioner- appellant and learned Standing Counsel for the State. The writ petition of the petitioner-appellant against the order of transfer has been dismissed.
It appears that the petitioner-appellant is working as a Junior Engineer. He was transferred from Jaunpur to Ballia vide order dated 13.07.2018. In pursuance of the said transfer, he was relieved from Jaunpur on 10.08.2018 and had joined at Ballia on 17.08.2018. In the meantime, the petitioner-appellant had preferred a representation against his aforesaid transfer. The said representation came to be allowed by order dated 30.11.2018 and he has been directed to rejoin at his initial stage of posting at Jaunpur. Being aggrieved, the petitioner-appellant preferred a writ petition and the same was dismissed on the basis of the instruction received by the learned Standing Counsel that the transfer order dated 30.11.2018 was passed on the request of the petitioner-appellant himself.
Learned counsel for the petitioner-appellant accepts that there is no dispute to the above facts but as the petitioner-appellant had joined at Ballia and his children have taken admission at that place, he is no longer interested in being shifted to Jaunpur. In fact, what he alleges is that his representation had become non est once he had joined, and as such, no orders were required to be passed on it. We are at a loss to accept the plea as advanced on behalf of the petitioner-appellant. The petitioner-appellant after making the representation against his transfer from Jaunpur to Ballia had not withdrawn the said representation, therefore, if he has been transferred back to Jaunpur, on his own request, in such a situation, the learned Single Judge had rightly refused to exercise its discretionary power and we do not find any error in the said exercise of discretion.
The appeal as such has no merit and is accordingly dismissed.
Order Date :- 22.2.2019 S.Chaurasia