Court No. - 18 Case :- WRIT - A No. - 32729 of 2010 Petitioner :- Keshav Narain Khare Respondent :- State Of U.P. And Others Petitioner Counsel :- Gulab Chandra Respondent Counsel :- C.S.C.,Indresh Chandra Hon'ble Arun Tandon,J.
Against the order dated 25.7.2009 the petitioner before this Court filed Writ
P`etition No. 48639 of 2009.
The petitioner who is working as Head Master in Poorva Madhyamik
Vidyalaya was transferred under an order dated 27.5.2009 passed by the Basic
Shiksha Adhikari to another Institution within the same district. This order
was challenged by means of the Writ Petition No. 48683 of 2009. The writ
petition was dismissed on 10.9.2009. Copy of the order has been brought on
record. Under the order it was noticed that the petitoner on the same set of
fact had filed an earlier writ petition which was dismissed. The petitioner
filed Special appeal against the said order of the Single Judge being Special
Appeal No. 1674 of 2008 which was dismissed with liberty to file a
representation. The petitioner accordingly filed representation for his posting
in a particular Institution in Jaitpur Mahoba on the plea that the institution is
close to his village of the petitioner. A mandamus is prayed for
consideration of his representation.
I am of the considered opinion that the petitioner has to discharge his duty at
the Institution assigned to him. He cannot insist upon his posting in an
institution which is near to his village. There is no merit in the writ petition.
Dismissed.
Order Date :- 27.7.2010
Sh