Brijpal Sharma vs State of U.P. and Others

M. Katju, ACJ and Umeshwar Pandey, J.—Heard Sri A.K. Srivastava learneed 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 22.7.2004 staying the transfer order of the writ petitioner and directing that he shall continue to work as Junior Engineer, Vikas Khand Sikandarabad, District Bulandshahar and be paid his salary.

In Special Appeal No. 555 of 2004, State of U.P. v. Smt. Meera Sankhwar, decided on 12.7.2004, this Court has in great detail discussed which interim orders are appeallable 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 Ors., decided on 26.7.2004 and in Special Appeal No. 855 of 2004, Union of India v. Raghubir Prasad, decided on 21.7.2004 and Special Appeal No. 911 of 2004, decided on 5.8.2004, Sandeep Kumar Singh v. State of U.P., 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 and Others Vs. S.L. Abbas, ; Mrs. Shilpi Bose and others Vs. State of Bihar and others, ; State of Orissa and another Vs. Radheshyam Nanda, ; Chief General Manager (Telecom), N.E. Telecom Circle and another Vs. Rajendra Ch. Bhattacharjee and others, ; State of UP. v. Dr. R.N. Prasad Supp 3 SCC 214 ; N.K. Singh Vs. Union of India and others, ; State Bank of India Vs. Anjan Sanyal and Others, and Public Services Tribunal Bar Association Vs. State of U.P. and Another, .

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