RAM BAHADUR SINGH Vs. STATE OF U.P.
LAWS(ALL)-2017-7-81
HIGH COURT OF ALLAHABAD
Decided on
July 17,2017
RAM BAHADUR SINGH
Appellant
VERSUS
STATE OF U.P.
Respondents
Referred Judgements :-
R. V. SECRETARY OF STATE [REFERRED TO]B. VARADHA RAO V. STATE OF KARNATAKA [REFERRED TO]
N.K. SINGH V. UNION OF INDIA [REFERRED TO]
RAJENDRA ROY V. UNION OF INDIA,(UOI) [REFERRED TO]
STATE OF BIHAR V. P.P. SHARMA,IAS [REFERRED TO]
UNION OF INDIA V. N.P. THOMAS [REFERRED TO]
ABANI KANTA RAY V. STATE OF ORISSA [REFERRED TO]
AKASH SHARMA V. STATE OF U.P. [REFERRED TO]
ALL INDIA STATE BANK OFFICERS FEDERATION V. UNION OF INDIA (UOI) [REFERRED TO]
MOHD. MASOOD AHMAD V. STATE OF U.P. [REFERRED TO]
RAJENDRA SINGH V. STATE OF U.P. [REFERRED TO]
SMT. GAYATRI DEVI V. STATE OF U.P. [REFERRED TO]
UNION OF INDIA V. JANARDHAN DEBANATH [REFERRED TO]
UNION OF INDIA V. MAMTA ANURAG SHARMA [REFERRED TO]
SATISH PAL V. STATE OF U.P. [REFERRED TO]
TAHSILDAR SINGH V. STATE OF U.P. [REFERRED TO]
E P ROYAPPA VS. STATE OF TAMIL NADU [REFERRED TO]
UNION OF INDIA VS. SANKALGHAND HIMATLAL SHETH [REFERRED TO]
GUJARAT ELECTRICITY BOARD VS. ATMARAM SUNGOMAL POSHANI [REFERRED TO]
SHILPI BOSE VS. STATE OF BIHAR [REFERRED TO]
BANK OF INDIA VS. JAGJITSINGHMEHTA [REFERRED TO]
RAJENDRAROY VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. S L ABBAS [REFERRED TO]
J N BANAVALIKAR VS. MUNICIPAL CORPORATION OF DELHI [REFERRED TO]
INDIRA SAWHNEY VS. UNION OF INDIA [REFERRED TO]
CHANDRA PRAKASH TIWARI VS. SHAKUNTALA SHUKLA [REFERRED TO]
PUBLIC SERVICES TRIBNAL BAR ASSOCIATION VS. STATE OF UTTAR PRADESH [REFERRED TO]
FEDERATION OF RAILWAY OFFICERS ASSOCIATION VS. UNION OF INDIA [REFERRED TO]
STATE OF UTTAR PRADESH VS. GOBARDHAN LAL [REFERRED TO]
MAJOR GENERAL J K BANSAL VS. UNION OF INDIA [REFERRED TO]
PRAKASH SINGH VS. UNION OF INDIA [REFERRED TO]
PRASAR BHARTI VS. AMARJEET SINGH [REFERRED TO]
PRABIR BANERJEE VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. MURALIDHARA MENON [REFERRED TO]
RAJENDRA PRASAD VS. UNION OF INDIA [REFERRED TO]
VIJAY SINGH VS. STATE OF U P [REFERRED TO]
MOHD ZEESHAN VS. STATE OF U P [REFERRED TO]
Jay Narayan Prasad VS. State of U.P.and others [REFERRED TO]
JASVEER SINGH VS. STATE OF U.P. AND OTHERS [REFERRED TO]
JUDGEMENT
Virendra Kumar-II, J. -
(1.)Heard Mr. Sudhir Pandey, learned counsel for petitioner, Ms. Pushpila Bisht, learned counsel for respondent No.3 as well as learned Chief Standing Counsel.
(2.)Petitioner has assailed his transfer order dated 30.06.2017 passed by opposite party No.1 by way of instituting this writ petition. It is pleaded that petitioner was appointed initially on the post of Fertilizer Analyst (Class-II), Chemistry Branch, after successful competing in the examination conducted on 01.05.2000 by Uttar Pradesh Public Service Commission. He is presently posted as Senior Pesticide and Fertilizer Analyst (Class-I) at Pesticide Fertilizer and Quality Control, Alambagh, Lucknow. His pay scale on the post of Deputy Director (Class-I) in Chemistry Wing in the agricultural department is in the pay scale of Rs. 10000-15200. Petitioner has unblemished service record. His work and conduct remained excellent. Therefore, he was promoted on the post of Deputy Director (Class-I) vide order dated 13.06.2006, where of 20.05.2006. The opposite party No.1 has transferred petitioner vide transfer order dated 30.06.2017 from the post of Senior Pesticide and Fertilizer Analyst, Alambagh (Lucknow) to Deputy Director Agriculture, Shahjahanpur.
(3.)It is further contended that Sri Santosh Kumar Rai opposite party No. 3 has been posted by replacing petitioner. He is Deputy Director (Krishi Raksha), Varanasi, and is not qualified for that post. It is mentioned that there are four pesticides and fertilizer quality control laboratories in the State of Uttar Pradesh, which are located at Alambagh, Rahmatkhera, Meerut and Varanasi. The number of sanctioned posts of Senior Pesticide Officer/Fertilizer Analysis, (Shreni-1), Fertilizer/Pesticide Analysis, Shreni-2, Fertilizer/Pesticide Analysis Asstt. Varg-1 is mentioned in para-9 of petition. It is relied upon by petitioner that only one post of pesticide and fertilizer analyst is available in four laboratories of agriculture department of Uttar Pradesh alongwith sanctioned post of Pesticide and Fertilizer Analysis Class-2 and Pesticide and Fertilizer Analysis Assistant Varg-1.
(2.)Petitioner has assailed his transfer order dated 30.06.2017 passed by opposite party No.1 by way of instituting this writ petition. It is pleaded that petitioner was appointed initially on the post of Fertilizer Analyst (Class-II), Chemistry Branch, after successful competing in the examination conducted on 01.05.2000 by Uttar Pradesh Public Service Commission. He is presently posted as Senior Pesticide and Fertilizer Analyst (Class-I) at Pesticide Fertilizer and Quality Control, Alambagh, Lucknow. His pay scale on the post of Deputy Director (Class-I) in Chemistry Wing in the agricultural department is in the pay scale of Rs. 10000-15200. Petitioner has unblemished service record. His work and conduct remained excellent. Therefore, he was promoted on the post of Deputy Director (Class-I) vide order dated 13.06.2006, where of 20.05.2006. The opposite party No.1 has transferred petitioner vide transfer order dated 30.06.2017 from the post of Senior Pesticide and Fertilizer Analyst, Alambagh (Lucknow) to Deputy Director Agriculture, Shahjahanpur.
(3.)It is further contended that Sri Santosh Kumar Rai opposite party No. 3 has been posted by replacing petitioner. He is Deputy Director (Krishi Raksha), Varanasi, and is not qualified for that post. It is mentioned that there are four pesticides and fertilizer quality control laboratories in the State of Uttar Pradesh, which are located at Alambagh, Rahmatkhera, Meerut and Varanasi. The number of sanctioned posts of Senior Pesticide Officer/Fertilizer Analysis, (Shreni-1), Fertilizer/Pesticide Analysis, Shreni-2, Fertilizer/Pesticide Analysis Asstt. Varg-1 is mentioned in para-9 of petition. It is relied upon by petitioner that only one post of pesticide and fertilizer analyst is available in four laboratories of agriculture department of Uttar Pradesh alongwith sanctioned post of Pesticide and Fertilizer Analysis Class-2 and Pesticide and Fertilizer Analysis Assistant Varg-1.
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