Brij Pal Sharma vs State of U.P.& Ors.

Heard Sri A.K. Srivastava, learned counsel for the appellant and Sri I.P. Singh and learned standing counsel for the respondents.

This special appeal has been filed against the interim order of the learned Single Judge dated 2272004 staying the transfer order of the writ petitioner and directing that he shall continue to work as Junior Engineer Vikas KhandSikandarabad, District Bulandshahar and be paid his salary.

In Special Appeal No. 555 of 2004, State of U.P. v. Smt. Meera Sankhwar, decided on 1272004 this Court has in great detail discussed which interim order are appealable and which are not. The entire case law has been discussed in that decision, and hence we are not referring to the same.

Subsequently in Special Appeal No. 860 of 2004, Shesh Nath Singh v. Mukesh Singh and others, decided on 2672004 and in Special Appeal No. 855 of 2004, Union of India v. Raghubir Prasad, decided on 2172004 and Special Appeal No. 911 of 2004, Sandeep Kumar Singh v. State of U.P., decided on 582004, we have held that a special appeal lies against an interim order of a learned Single Judge staying the transfer order because transfer is an exigency of service, and hence this Court should not ordinarily interfere with the transfer orders. In this decision also the case law has been considered e.g. the decision of the Supreme Court in Union of India v. S.L. Abbas, AIR 1993 SC 2444; Shilpi Bose v. State of Bihar, AIR 1991 SC 532; Union of India v. N.P. Thomas, AIR 1991 SC 1605; Chief Manager (Tel) N E Telecom Circle v. Rajendra Ch. Bhattacharjee, AIR 1995 SC 813; State of U.P. v. Dr. R.N. Prasad, (Suppl) 3 SCC 214; N.K. Singh v. Union of India and others, (1994) 6 SCC 98; Abani Kanle Ray v. State Bank of India v. Anjan Sanyal & others, AIR 2001 SCC 1748, and Public Services Tribunal Bar Association v. State of U.P. and others, (2003) 4 SCC 104.

For the reasons given above this appeal is allowed. The impugned order is set aside.