VIBHA SINGH Vs. DIRECTOR BAL VIKAS SEWA EVAM PUSHTAHAR NIDESHALAYA U P STATE
LAWS(ALL)-1997-9-208
HIGH COURT OF ALLAHABAD
Decided on September 23,1997

VIBHA SINGH Appellant
VERSUS
DIRECTOR, BAL VIKAS SEWA EVAM PUSHTAHAR NIDESHALAYA U.P. STATE Respondents

JUDGEMENT

D.K. Seth, J. - (1.) The petitioner was transferred by an order dated 6-8-1997 from Hastinapur to Meerut on her request, which is contained in Annexure-1 to the writ petition, By an order dated 15-9-1997 petitioner has been transferred from Meerut to Daurala in order to accomodate one Smt. Kamlesh Singh at Meerut from Daurala. The impugned order of transfer contained in Annexure-5 does not mention as to whether the said transfer order has not been issued on administrative necesity or otherwise. The petitioner had been transferred on 6-8-1997 on her own request to Meerut. Nothing has been disclosed as to why the respondent has transferred the petitioner again when she had joined at Meerut only 8-8-1997 within short span of time. Mr. Vivek Kumar Birla, learned counsel for the petitioner relies on the order contained in Annexure-4 to the writ petition, dated 4-8-1997. Relying on the said order Mr. Birla contends that the petitioner could not be transferred from Meerut to Daurala without the approval of the District Magistrate in view of the order dated 4-8-1997. By reasons thereof the said transfer order is void. Mr. Birala, learned counsel for the petitioner had placed reliance on the said order dated 4-8-1997, an english translation whereof has been furnished by Mr. Birla learned counsel for the petitioner. The learned Standing Counsel does not dispute the correctness of the said translation. The said order on which the petitioner relies, is quoted herein below : "BAL VIKAS SEWA EVAM PUSHTAHAR NIDESHALAYA UTTAR PRADESH letter No. 61/133/Ba. Vi. Pari/Estt. 2-97-99 Dated Lucknow 4th August, 1997. All District Programme Officer/ Child Development Project Officer (Incharge) Uttar Pradesh.
(2.) Please refer to Directorate Circular letter No. C-130/510-3381/Estha-3/Ba-Vi-Pari. dated 5th July, 1997. By means of the aforesaid letter all the powers have been withdrawn by cancelling the decentralisation of administrative powers at District level as provided by the circular letter No. C-78/Estha./Ba. Vi. Pari/95-96 dated 3rd June, 1996. Consequent upon the withdrawl of such powers queries are being raised by some district level officers regarding posting of officers/employees in Projects, transferred from the Directorate level to Districts.
(3.) It is, therefore, hereby clarified that officers/employees transferred from Directorate to Districts can be posted, with approval of the District Magistrate, against post lying vacant in child Developments Projects being carried on in the district. Apart from already transferred Officer/Employees in transfer year 1997 no officer/employees who is already working at a place shall be transferred at District/Regional. Please ensure strict compliance of the aforesaid orders. Sd/( Dr. Lalit Verma) Director;


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