C.K.THAKKER, MARKANDEY KATJU
Mohd. Masood Ahmad – Appellant
Versus
State of U. P. – Respondent
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JUDGMENT
MARKANDEY KATJU, J.—
1.Leave granted.
2.This appeal has been directed against the impugned judgment & order dated 8.7.2005 passed by the High Court of Judicature at Allahabad in Writ Petition No.1110 (S/B) of 2005.
3.Heard learned counsel for the parties and perused the record.
4.The petitioner-appellant, who was an Executive Officer, Nagar Palika Parishad Muzaffarnagar, had in his writ petition challenged his transfer by the State Government by order dated 21.6.2005 as Executive Officer, Nagar Palika Parishad Mawana, District Meerut. Since the petitioner was on a transferable post, in our opinion, the High Court has rightly dismissed the writ petition since transfer is an exigency of service and is an administrative decision. Interference by the Courts with transfer orders should only be in very rare cases. As repeatedly held in several decisions, transfer is an exigency of service vide B.Varadha Rao v. State of Karnataka,1 AIR 1986 SC 1955, Shilpi Bose v. State of Bihar,2 AIR 1991 SC 532, Union of India v. N.P. Thomas,3 AIR 1993 SC 1605, Union of India v. S.L. Abbas,4 AIR 1993 SC 2444, etc.
5.In State of Punjab v. Joginder Singh Dhatt,5 AIR 1993 SC 2486 this Court observed
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