Ravindra Singh Dangur vs The State Of U.P. And 4 Others

On the matter being taken up today, counsel for the appellant informed us that the appellant has already proceeded to join at the transferred place in question.

It has been sought to be contended that large scale inconvenience has been caused and his personal difficulty be also kept in mind by the authorities concerned while deciding his claim.

The law on this subject is clear that once an incumbent holds transferable post and the authorities have effectuated transfer order, and there being no violation of rule and regulation, then this Court in question in exercise of authority of judicial review, cannot intervene. As far as, his inconvenience and difficulty is concerned, the authority, who has proceeded to pass the order of transfer, has got full competence to take call of inconvenience and personal difficulty and can judge where services of an incumbent is liable to be utilized.

Consequently, as far as, the present special appeal in question is concerned, we are not at all going on this question, as to whether writ petition is maintainable or not, as the transfer order has already been acted upon, opportunity is liable to be given to represent the matter before the Managing Director, U.P., Cooperative Federation, Ltd., 32 Station Road, Lucknow, and as such, we give liberty to the appellant to represent his claim and in case, any claim is set up, then such claim would be dealt with in accordance with law preferably within next eight weeks from the date of receipt of certified copy of this order.

Special Appeal is disposed of, accordingly.