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2013 Supreme(All) 1050

ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : ANIL KUMAR, J.
DHIRENDRA SINGH BHADAURIA .....Petitioner
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Civil Misc. Writ Petition Nos. 1022, 1286, 1282 and 1279 of 2013, decided on 10th April, 2013)

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

Headnote:Transfer—Junior Engineer—Legality of—Transfer order passed by the Competent authority keeping in view the administrative exigency of service and interest of justice—Could not be said to be illegal—Medical treatment of wife of petitioner from private medical practitioner could well easily available to place where petitioner transferred—No illegality or infirmity in impugned order. [Paras 35 to 37]

JUDGMENT

Hon’ble Anil Kumar, J.—Heard Shri Kapil Dev, learned Senior Advocate assisted by Sri Ashwani Kumar, learned counsel for the petitioner, Shri Abhinav Narain Trivedi, learned Additional Chief Standing Counsel and perused the record.

2. With the consent of the learned counsel for the parties, Writ Petition No. 1022 (SS) of 2013 “ Dhirendra Singh Bhadauria v. State of U.P. and others”, Writ Petition No. 1282 (SS) of 2013 “Jawahar Lal v. State of U.P. and others”, Writ Petition No. 1279 (SS) of 2013 “P.C.Gupta v. State of U.P. and others”, and Writ Petition No. 1286 (SS) of 2013 “V.P.Singh Chauhan v. State of U.P. and others” are being heard together and decided by common judgment.

FACTS OF THE WRIT PETITION NO. 1022 (SS) OF 2013

3. On 1.5.1978, Shri Dhirendra Singh Bhadauria, petitioner was appointed on the post of Junior Engineer (Civil) on ad-hoc basis in the Irrigation Department, State of U.P. Subsequently, in the year 1982, he was selected by the U.P. Public Service Commission on the post of Junior Engineer (Civil) and in the year 1984, confirmed in the said capacity.

4. Lastly, when the petitioner was posted in the said capacity at Bhoganipur Division Lower Ganga Canal, Irrigation Department, Etawa, in the year 2012, elected as District President of District Etawa of Civil Diploma Engineers’ Sangh, Irrigation Department, U.P. In the said capacity, due to illegal and arbitrary functioning of the opposite party No. 4/5, rather victimization, exploitation, non-co-operation and harassing attitude meted out by him to the Junior Engineers and Assistant Engineers working at Etawa Division, Lower Ganga Canal on 22.1.2013, he made a complaint to the higher authorities, as such, the opposite party No. 4/5 has become personally biased and prejudiced as a result of which opposite party No. 3/Engineer-in-Chief (Parikalp & Niyojan), Irrigation Department, U.P., Lucknow has passed the impugned order dated 4.2.2013 (Annexure 1) thereby transferring the petitioner to Purvi Ganga Nahar Nirman Khand-5, Najibabad.

FACTS OF THE WRIT PETITION NO. 1286 (SS) OF 2013

5. Shri V.P. Singh Chauhan/Petitioner was appointed on 7.7.2006 on the post of Junior Engineer (Civil) through U.P. Public Service Commission, posted at Irrigation Unit, Mainpuri in the Irrigation Department, State of U.P. While he was working and discharging as Junior Engineer (Civil) at Irrigation Unit, Kannauj, in the year 2013, elected as District Secretary of District Kannauj of the U.P. Diploma Engineers’ Sangh, Irrigation Department, U.P.

6. By means of the impugned order dated 4.2.2013 (Annexure 1) passed by opposite party No. 3/Engineer-in-Chief (Parikalp & Niyojan), Irrigation Department, U.P., Lucknow, the petitioner has been transferred to Bhoganipur Prakhand Nicchali Ganga Nahar, Etawa.

FACTS OF THE WRIT PETITION NO. 1279 (SS) OF 2013

7. Petitioner was appointed on 31.7.1977 on the post of Junior Engineer (Civil) on ad-hoc basis on the post of Junior Engineer (Civil), posted at Sharda Sahayak Khand-31, Raebareily. Subsequently, his services were regularized.

8. While he was working and discharging his duties as Junior Engineer (Civil) at Barriage Construction Division-I, Irrigation Department, Kanpur, by the impugned order dated 4.2.2013 (Annexure 1) passed by opposite party No. 3/Engineer-in-Chief (Parikalp & Niyojan), Irrigation Department, U.P., Lucknow, the petitioner has been transferred to Etawa Prakahand Nicchali Ganga Nahar, Etawa in the interest of department, but according to the petitioner, the said ground is incorrect as he is the District President of District Etawa of Civil Diploma Engineers’ Sangh, Irrigation Department, U.P., in the said capacity made a compliant against the opposite party No. 4/5 in regard to his victimisation, exploitation, non-co-operation and harassing attitude, so due to the said facts, he became personally biass and prejudice and persuaded the opposite party No. 3, who has passed the impugned order of transfer.

FACTS OF THE WR




























































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