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TMI Blog2014 (2) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... t, the rule, the regulation or any government order governing their service conditions. The orders so passed also did not cast any stigma on the appellants. The orders were neither whimsical nor arbitrary, nor were they based on extraneous consideration - Following decision of Paritosh Singh and others Vs. State of U.P. and others [2010 (12) TMI 1082 - ALLAHABAD HIGH COURT] - Decided against Appellants. - Special Appeal No.- 316 of 2006, W.P. No. 7658 (SS) 2005, Special Appeal No.- 318 of 2006, W.P. No. 7305 (SS) 2005, Special Appeal No.- 319 of 2006, W.P. No. 855 (SS) 2006, Special Appeal No.- 322 of 2006, W.P. No. 7758 S/S of 2005 - - - Dated:- 4-11-2011 - Hon'ble Uma Nath Singh And Hon'ble Dr. Satish Chandra, JJ. For the Petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l, Finance and Public Works. These engineers who were working on different posts in Irrigation Department and Public Works Department were transferred to the Trade Tax Department on the basis of transfer of their service without obtaining their option. Engineers-in-Chief of the Irrigation and Public Works Department were directed to prepare lists of all such employees without taking their option. Moreover, such a policy decision was treated as the decision of the administrative Department. Thus, in pursuance of the aforesaid decision of the administrative Department, vide an order dated 23.08.2000, the State Government issued terms and conditions for transferring the service of the appellants to the Trade Tax Department. It appears from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Petition No.7305 (S/S) of 2005] challenging the said orders on the ground that they were not passed in furtherance of any decision of the State Government and in the absence of an order of the State Government, the appellants could not have been repatriated to their parent Department on the post of Junior Engineer. The orders of Trade Tax Commissioner were also challenged on the ground of being arbitrary and illegal and thus violative of the provisions of Article 14 of the Constitution. It was also submitted that there was a shortage of officers in the Trade Tax Department to collect the revenue. Thus, the orders of repatriation are against the public interest and there was no administrative exigency to support the decision. As the servic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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