High Courts

Mohd. Naseem vs Inspector General of Registration,U.P.,Allahabad & Anr.

Allahabad High Court · Decided on 7 August 1996 · Citation: (1996) 08 AHC CK 0075

HON’BLE JUDGES
A.B.Srivastava, J
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous Writ Petition No. 30169 of 1992

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Judgment

6 paragraphs · 273 words

A. B. Srivastava, J.—Heard the learned counsel for both sides.

2.

The petitioner by means of this writ petition sought quashing of order dated 1.7.92 contained in Annexure5 to the writ petition, whereby he was transferred as Registration Clerk in the Department of Registration from Agra to Etah.

3.

The petitioner was appointed Registration Clerk in 1965. He claims to have been promoted as Chief Registration Clerk on 155 1989. The petitioner sent a representation for confirmation to the respondent no. 1 i.e. I. G. (Registration) U.P. on 8.6.1992 but nothing was done. By the impugned order he has been transferred from District Agra to District Etah as Registration Clerk which is lower post, hence transfer is bad.

4.

Having gone through the material placed on record, it would be found from own documents Annexure1 to the writ petition filed by the petitioner that he was allowed to work as Chief Registration (Clerk) in a local arrangement vide Annexure1, Annexure2 indicating that he was allowed to hold independent charge of Chief Registration Cleark does not change his status to that of Chief Registration Clerk on regular basis, merely because the petitioner worked for three years or so in such local vacancy, he does not acquire the status of a regular promote nor on his own showing, the petitioner has been confirmed on the said post. Consequently, he was for all practical purposes holding the post of Registration Clerk and his transfer in that capacity to another District is not bad.

5.

The writ petition is accordingly dismissed. The interim order dated 28.9.1992 is recalled.

6.

There shall be no order as to costs.