Court No. - 36

Case :- WRIT - A No. - 11376 of 2022

Petitioner :- Rajnarain Tripathi

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Akhilesh Chandra Shukla

Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Shyam Shamshery,J.

Petitioner is seeking following reliefs :-

"(i) issue a writ, order or direction in the nature of certiorari call for record of the case and

quash the promotion order of petitioner dated 19.4.2022.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2

accept the prayer of the petitioner as per letter dated 27.07.2022 and decide the same within

stipulated period and demote the petitioner on the post of Lekhpal."

Shri A.C. Shukla, learned counsel for petitioner submits that petitioner was

working on the post of Lekhpal at Allahabad and he has requested that he may

not be promoted on the post of Revenue Inspector and permit him to posted at

Prayagraj due to personal difficulties. Despite his request, petitioner was

promoted and transferred to District - Mau. Learned counsel further submits that

a representation is filed to cancel promotion and transfer and to revert him, and

for that, he has relied upon a order dated 30.6.2022 (Annexure No.7) wherein

similar prayers of other Lekhpals were accepted.

Ms. Ainakshi Sharma, learned Standing Counsel submits that this Court has

dealt the issue (in Writ A No.10297 of 2022, decided on 26.7.2022) that to

forego promotion is only recomendatory in nature. Petitioner has no right to

forego the promotion only to remain at one place. This is against the very basis

of principle of Service Law that transfer is incident of service.

However, considering that respondents have considered similar prayers of

similarly situated Lekhpal (Annexure No.7), therefore, without entering into the

merit, this writ petition stands disposed of that respondents are under obligation

to consider request of petitioner to forego promotion, expeditiously, however, so

far as transfer is concerned, the respondents authorities are at liberty to take

appropriate decision. It is up to the respondents to transfer him to any place if

administrative exigency is so required.

Order Date :- 4.8.2022

Rishabh

[Saurabh Shyam Shamshery, J.]

Digitally signed by RISHABH

KUMAR

Date: 2022.08.10 18:34:09 IST

Reason:

Location: High Court of Judicature at

Allahabad