- (1.) This Special Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules (hereinafter referred to as the 'Rules') is directed against the judgment dated 30 January 2018 by which the learned Judge has dismissed the writ petition as not maintainable under Chapter XXII Rule 7 of the Rules.
(2.) Learned Standing Counsel appears for respondent Nos. 1 and 2 and Sri Ravindra Singh appears for respondent Nos. 3 to 6.?
(3.) It transpires from the records of the writ petition that the petitioner, who is the Secretary in the Cane Cooperative Society, was transferred by order dated 26 August 2017. This order was assailed by the appellant in Writ A-No.42416 of 2017 which was dismissed on 12 September 2017 and the order is reproduced below:- "Heard learned counsel for the petitioner, learned standing counsel and Sri Ravindra Singh who appears for the respondent Nos. 2 to 6. The challenge in the instant writ petition is to an order of transfer dated 26 August 2017. The order of transfer is not shown to fall foul of any statutory rule or regulation which may govern the terms and conditions of service of the petitioner. In view thereof it would not merit any interference by the Court under Article 226 of the Constitution. The submission of the learned counsel for the petitioner, is however based upon the provisions of the Government Order dated 1 May 2017 and an alleged violation thereof. Quite apart from the issue as to whether the same would apply to an employee of the respondents, this would also not constitute a ground for invocation of Article 226 of the Constitution in light of the settled legal position that an infraction of a policy measure would not merit the Court interfering with an order of transfer except to permit the employee/officer to represent his case to the higher authorities. Accordingly, this Court dismisses the writ petition, leaving it open to the petitioner to move an appropriate representation to the second respondent who may, if so moved, take an appropriate decision thereon in accordance with law.";