Court No. - 18 Case :- WRIT - A No. - 42091 of 2010 Petitioner :- Shafiq Ahmad Respondent :- State Of U.P. And Others Petitioner Counsel :- V. K. Mishra,Shivaji Singh Respondent Counsel :- C. S. C. Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the
State-respondents.
Under the order of the Director, Panchayat Raj, U.P. at Lucknow dated 7th
July, 2010, petitioner, who is working as Urdu Anuwadak/Senior Clerk in the
office of District Panchayat Raj Officer, Ghaziabad has been directed to be
attached in the office of Directorate, Panchayat Raj, U.P. Lucknow in view of
ensuing Panchayat elections. This order is being challenged on the ground
that persons working as clerk in the office of District Panchaayt Raj Officer
cannot be transferred/attached to different offices and reliance in support of
the same has been placed upon the Government Order dated 12th February,
2008 enclosed as Annexure-10 to the writ petition.
However, on examination of the Government Order dated 12th February,
2008, this Court finds that it has no application in the matter of attachment of
employees of the Panchayat Raj Department itself with the Directorate of
Panchayat Raj. Even otherwise, the order has been issued for ensuring the
smooth holding of panchayat elections which are the basic foundation for
democracy to survive in this Country. Such orders of attachment/transfer do
not warrant any interference under Article 226 of the Constitution of India.
The present writ petition is accordingly dismissed.
(Arun Tandon, J.)
Order Date :- 21.7.2010
Sushil/-