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2009 Supreme(All) 3539

DEVI PRASAD SINGH
JITENDRA KUMAR BAJPAI – Appellant
Versus
STATE OF U. P. THROUGH PRINCIPAL SECRETARY – Respondent


Advocates:
Counsel :
Umesh Kumar Srivastava for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Devi Prasad Singh, J.—The petitioners who are working as Amin and Ahalmad in various district in State of U.P., have approached this Court under Art. 226 of the Constitution of India against the impugned order of transfer by which they have been transferred from one district to other district.

2. In brief, the submission of the petitioners’ counsel is that the post of Amin and Ahalmad is of district level cadre. Accordingly, the petitioners could not have been transferred to other district. Admittedly, the petitioners’ case is covered by Service Rules, namely U.P. Land Acquisition (Revenue Department) Ministerial Service Rules, 1993, in short ‘1993 Rules’. Attention of this Court has been invited to the Government Order dated 28.4.1992 which shows that the government has declined to create State Level Cadre post for Amins and Ahalmad. The petitioner has also relied upon the Government Order dated 12.7.1995 which shows that the post of Amin and Ahalmad shall be a post of district level cadre. Accordingly, the submission is that the impugned order of transfer has been passed in violation of the service rules and the petitioner cannot be transferred outside the distric













































































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