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1993 Supreme(All) 409

S.C.MATHUR, SUDHIR NARAIN
Prabhu Nath – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate appeared:
B.N. Tiwari

Judgment :

S. C. Mathur, A.C.J.

1. THIS Special Appeal is directed against the judgment and order of a learned single judge who dismissed the appellant's writ petition directed against the order passed by the Settlement Officer (Consolidation), Ballia in the directions of the Director of Consolidation, U. P., Lucknow, transferring him from Ballia to Mirzapur. The appellant is a Consolidation Lekhpal. The appellant's plea was that his service conditions were governed by Lekhpals Service Rules, 1958 under which an order of transfer could be passed only by the Collector of the Assistant Collector in the situations specified in Rule 21. It is asserted that no authority other than the one specified in Rule 21 could exercise power of transfer.

2. IN the year 1978 the State Government promulgated the Uttar Pradesh Consolidation Lekhpals Service Rules, 1978. These rules make provisions for sources of recruitment, reservation, age qualification, academic qualification, professional qualification and certain other matters. There is no specific provision relating to transfer. IN Rule 24 it is mentioned that in regard to, the matters not specifically covered by these rules or by special orders,









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