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2015 Supreme(All) 733

D. Y. CHANDRACHUD, YASHWANT VARMA
ASHOK KUMAR MISHRA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Santosh Kumar Mishra for the Appellant; C.S.C. for the Respondents.

JUDGMENT

By the Court.—The appellant is presently posted as Inspector in the Crime Branch in district Varanasi. The appellant is due to retire from service on 17 July 2016 on attaining the age of superannuation. On 11 May 2015, the appellant was transferred from Varanasi to Vindhyachal, which led to the filing of writ proceedings resulting in the impugned judgment and order of the learned Single Judge. Prior thereto, on 30 October 2014, the appellant was transferred from Mirzapur to Varanasi. The order of transfer recorded that the appellant had less than two years to retire and that bearing in mind the difficulties which were expressed by him, it had been sympathetically considered and decided to transfer him to Varanasi on humanitarian grounds.

2. The grievance before the learned Single Judge and in the special appeal is that the policy circular dated 4 June 2014 contained a provision, inter alia, under which some benefit is being granted to Government servants who have less than two years to retire. The relevant part of the policy circular on which reliance has been placed reads as follows:

“(vii) 2 o"kZ esa lsokfuo`Rr gksus okys lewg ‘x’ ds dkfeZdksa dks muds x`g tuin ,oa le








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