Advocates:
['SATYENDRA PANDEY', '', 'NAVIN KUMAR SRIVASTAVA', 'C S C', '', 'SUSHIL CHANDRA SRIVASTAVA']

Court No. - 35

Case :- WRIT - A No. - 2179 of 2022

Petitioner :- Murali Dhar

Respondent :- State Of U.P. And 6 Others

Counsel for Petitioner :- Satyendra Pandey,Navin Kumar Srivastava

Counsel for Respondent :- C.S.C.,Sushil Chandra Srivastava

Hon'ble Ajit Kumar,J.

Heard.

By means of this petition filed under Article 226 of the

Constitution, the petitioner is assailing the order dated

31.12.2021, whereby, one Suchit Kumar Singh, Executive

Engineer (Civil) working in the Public Works Department,

Chaudanuli has been attached to Nagar Palika Parishad, Pandit

Deen Dayal Upadhyay Nagar, Chandauli to look after the

development work activities of the Nagar Palika Parishad

concerned.

The ground taken for assailing the order is that there is only one

post of Junior Engineer (Civil) created in Nagar Palika

Parishad, Pandit Deen Dayal Upadhyay Nagar, Chandauli and

upon which petitioner has been working under the transfer

order dated 29.06.2019 and in such circumstances therefore, the

adjustment/ attachment could not be made of the respondent no.

7.

A short counter affidavit has been filed in the matter and the

plea taken is that because there were 25 wards within the Nagar

Palika Parishad, Pandit Deen Dayal Upadhyay Nagar,

Chandauli which could not be looked after by one Junior

Engineer (Civil) and so a request was made by the Chairman of

Nagar Palika Parishad to the District Magistrate, Chandauli on

07.12.2021 to make available one further Junior Engineer

(Civil).

It is submitted by learned counsel for the respondents that

considering the development activities within the Nagar Palika

Parishad the attachment of respondent no. 7 has been ordered

by the State Government vide impugned order and this is not a

transfer against the post upon which the petitioner has been

discharging his duties. He submits that this is a mere attachment

and would continue until such time only the requirement is

there in the Nagar Palika Parishad.

Since Sri Sushil Chandra Srivastava appearing for Nagar Palika

Parishad also submits that the petitioner is not going to be

displaced or transferred only on account of such adjustment and

the Nagar Palika Parishad is quite conscious of the fact that

there is one post only upon which petitioner has been

discharging duties. It is also stated before the Court that as and

when the burden of work gets lessened, the attached employee

will be repatriated.

In view of the above statement of facts with regard to

attachment of respondent no. 7 and the fact that the petitioner is

not going to be displaced on account of such adjustment only,

there is no question of quashing the order of attachment made

in the writ petition.

With these aforesaid observations, this petition is consigned to

records.

Order Date :- 25.3.2022

IrfanUddin

Digitally signed by IRFAN UDDIN

SIDDIKI

Date: 2022.03.29 11:26:11 IST

Reason:

Location: High Court of Judicature at

Allahabad