Allahabad HC Refuses to Interfere in Decision of UP Govt Lifting Ban on Transfers

On Thursday, the Allahabad High Court refused to entertain a Public Interest Litigation, challenging the decision of U.P. Government allowing transfer of Government Servants, which was stopped due to COVID19.

Background:

The State of Uttar Pradesh had earlier restrained transfers of employees by the order dated 12th May, 2021. The State has now taken decision vide its order dated 15th June, 2021 to allow transfer and accordingly to supersede the order dated 12th May, 2020. 

The Public Interest Litigation (PIL)  was filed challenging the order dated 15th June, 2021 which is essentially to permit the transfers of the employees. 

A Division Bench of Acting Chief Justice M.N. Bhandari and Justice Rajendra Kumar IV, observed:

The challenge to the order was made owing to the situation of COVID-19, ignoring the fact that a public interest litigation is not maintainable in regard to service matters other than for quo warranto. 


The view aforesaid is supported by the judgment of the Apex Court in the case of Central Electricity Supply Utility of Odisha Vs. Dhobei Sahoo and others, (2014) 1 SCC 161 and in the case of Hari Bansh Lal Vs. Sahodar Prasad Mahto and others, (2010) 9 SCC 655.

 In view of the above, this pubic interest litigation is not maintainable and is accordingly dismissed. 

Read/Download Order

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