Court No. - 26 Case :- WRIT - A No. - 8490 of 1993 Petitioner :- Benke Lal & Another Respondent :- Executive Engineer & Others Petitioner Counsel :- R.S.Maurya,Vikram Nath Respondent Counsel :- S.C.,K.B.Mathur Hon'ble Anil Kumar,J.
By means of present writ petition, petitioner has challenged the impugned
order of transfer dated 11.03.1993 contained as Annexure no. 1 to the writ
petition.
Heard learned counsel for the petitioner and perused the record.
Learned counsel for the petitioner submits that the petitioner is Class-IV
employee and cannnot be transferred by the impunged order dated 11.03.1993
outside the same district.
Needless to mention here that it is the prerogative domain of respondents-
authorities to transfer or place an employee at a particular place taking into
consideration the administrative exigencies of service and in the interest of
department.
Further this Court while exercising it’s jurisdiction under Article 226 of the
Constitution of India, cannot direct the competent authority to place a person
at a particular place, as such the relief as claimed by the petitioner in the
present case cannot be granted. So, the present writ petition is liable to be
dismissed.
In view of the above said fact, present writ petition is dismissed. However, it
is open to the petitioner to file fresh representation to the competent authority
within two weeks from the date of receipt of certified copy of this Order,
raising his grievances and the same may be considered by the said Authority
after receiving the representation of the petitioner, dispose of the same within
further period of six weeks with reasoned and speaking order and
communicate the same to the petitioner.
With the above observation, the writ petition is finally disposed of.
Order Date :- 14.7.2010
Krishna/*