High CourtsSingle Bench(2009) 03 AHC CK 0003

Ram Bodh Misra vs Superintending Engineer, Vidyut Vitran Mandal, Sultanpur and others

Allahabad High Court · Decided on 4 March 2009 · Citation: (2009) 122 FLR 347

HON’BLE JUDGES
Abhinava Upadhya, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 4526 of 1991 (S/S)

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Judgment

4 paragraphs · 240 words

Abhinava Upadhya, J.—The matter relates to the year 1991. The petition was filed against transfer order. The petitioner was a class III employee of the erstwhile State Electricity Board stationed at Sultanpur. Vide order of transfer he was sought to be transferred from Sultanpur to Barabanki. This Court vide order dated 2.6.1991 had stayed the transfer order. Till date no counter affidavit has been filed. The nomenclature and the status of the Board has changed and now it has become U.P. Power Corporation Ltd. The petitioner has enjoyed the stay order for more than 18 years. Hon''ble Supreme Court in catena of judgments has held that transfer is exigency of service and High Court should not interfere in the transfer orders.

Learned Counsel for petitioner has relied on a case of Prabhu Nath Singh Vs. Executive Engineer, R.E.S., Ghazipur and others, in which the Court has held that in case a transfer order has remained stayed for considerable long period of time, it loses its efficacy and the transfer order become meaningless and redundant.

2.

Under these circumstances no useful purpose would be served in keeping alive a meaningless and redundant order and therefore, the same deserves to be quashed. Accordingly the impugned transfer order in the peculiar facts of the present case is quashed but liberty is granted to the authorities to pass a fresh order in accordance with law.

Subject to above observation, the writ petition is allowed.