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TMI Blog2017 (1) TMI 831X X X X Extracts X X X X X X X X Extracts X X X X ..... has been effectuated after permission has been taken by the State Government strictly in consonance with the transfer policy, then there is no occasion for us to intervene in the matter - appeal dismissed - decided against appellant. - Special Appeal No. 47 of 2011 - - - Dated:- 5-1-2017 - Hon'ble V.K. Shukla And Hon'ble Mrs. Sangeeta Chandra, JJ. For the Appellant : Manish Goyal For the Respondent : C.S.C. ORDER Ram Bir Singh is before this Court, assailing the validity of the order dated 29.09.2010 passed by the learned Single Judge in Civil Misc. Writ Petition No. 55494 of 2010 (Ram Bir Singh Vs. State of U.P. and others) wherein learned Single Judge has refused to quash the order dated 20.08.2010 passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h transfer of candidates and provides that ordinarily there shall be no transfer outside the District but such transfer can be made under special circumstances within the Division by the Commissioner of the Division and outside the Division by the Board of Revenue. It has been contended by the petitioner-appellant that transfer order is in breach of statutory provision, as such present Special Appeal deserves to be allowed. Challenge made, has been countered by learned Standing Counsel by submitting that it is true that the 1995 Rules do not deal with transfer but with aid of the provisions of Rule 27 of the 1995 Rules, transfers would be governed by special orders or the Rules, Regulations and orders applicable generally to government s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e matters not specifically covered by these rules or by special orders, persons appointed to the Service shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State. Rule 29 of the 1974 Rules is as follows:- 29. Transfer- (1) A Collection Amin may be transferred from one circle to another in the same Tehsil by the Sub-Divisional Officer and from one Tahsil to another by the Collector. (2) Ordinarily there shall be no transfers outside the District, but such transfer may be made under special circumstances. Such transfer, including mutual transfer, from one district to another district within a Division may be made by the Commissioner of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such Collection Amin, by no stretch of imagination, could proceed to place reliance on Rule 29 of the 1974 Rules wherein provision has been incorporated for transferring the Collection Amin from one circle to another circle in the same Tehsil by the Sub Divisional Officer and from one Tehsil to another Tehsil by the Collector, and further transfer is effectuated outside the district, it may also made in special circumstances. Thus factual situation is clear that as far as 1974 Rules are concerned, they have no application whatsoever in reference of Collection Amin who have been working as such in the Uttar Pradesh Trde Tax Department, and have been absorbed in Trade Tax Department whereas Rule 29 of the 1974 Rules are applicable only in ref ..... X X X X Extracts X X X X X X X X Extracts X X X X
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