Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : ...we Find No Reason Or Occasion For The Court To Enlarge A Limited Dispute In Regard To The Legality Of An Order Of Transfer Into A Systemic Issue...
JUDGEMENT TITLE : Chotey Lal Yadav And 4 Others Vs. State Of U.P. And 6 Others. On 10/16/2015 By Allahabad High Court
CASE NO : SPECIAL APPEAL DEFECTIVE NO. 733 OF 2015
CORAM : Hon'ble Dhananjaya Yeshwant Chandrachud,Chief Justice And Hon'ble Yashwant Varma,J.

HIGH COURT OF JUDICATURE AT ALLAHABAD

Chief Justice's Court AFR

Case :- SPECIAL APPEAL DEFECTIVE No. - 733 Of 2015

Appellant :- Chotey Lal Yadav And 4 Others
Respondent :- State Of U.P. And 6 Others
Counsel For Appellant :- Ajay Kumar Srivastava,Samir Sharma
Counsel For Respondent :- C.S.C.,Sunil Kumar Mishra

Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Yashwant Varma,J.

This Special Appeal Has Arisen From An Order Of The Learned Single Judge Dated 15 July 2015.
A Writ Petition Was Filed Before The Learned Single Judge By Virendra Yadav, The Seventh Respondent Who Is Working As A Driver In The Deoria Depot Of The U.P. State Road Transport Corporation1. The Petition Challenged An Order Of Transfer To The Sonauli Depot. The Petition Pleaded A Ground Of Inconvenience And The Physical Unfitness Of The Seventh Respondent. The Learned Single Judge Observed That The Seventh Respondent, Who Had Moved A Representation, May Pursue It. The Learned Single Judge Held That There Was No Need For A Direction Of The Court And Hence, The Petition Was Disposed Of.
The Matter Ought To Have Rested With The Disposal Of The Writ Petition, Following The Well Settled Principle Circumscribing The Jurisdiction Under Article 226 In A Matter Relating To Transfer Which Is An Exigency Of Service. However, The Learned Single Judge Also Issued The Following Directions:
"Experience Reveal(s) That Large Number Of Petition(s) Are Filed Before This Court By Driver(s) Of UPSRTC With A Prayer That They Are Medically Unfit Therefore They Are Unable To Perform Their Duties. In One Such Case The Court Directed The Learned Standing Counsel To Submit A List Of Such Drivers Who State That They Are Medically Unfit.
The Managing Director, UPSRTC, Lucknow Is Directed To Prepare A List Of All The Drivers Of UPSRTC In The State Of Uttar Pradesh Who Have Moved Application That They Are Medically Unfit. The Managing Director Shall Constitute A Committee To Look After The Compulsory Retirement Of All Those Drivers Who Are Stated To Be Medically Unfit And Have Completed More Than Requisite Number Of Years Of Service.
Let A Xerox Copy Of This Order Be Provided To Sri Vikram Bahadur Yadav, Learned Standing Counsel Without Payment Of Usual Charges For Communication And Compliance Of This Order To The Managing Director, UPSRTC, Lucknow. The Managing Director Shall Communicate About Compliance Of This Order To The Registrar General Of This Court. The Registrar General Shall Get It Placed On The Record Of This Case."

The Appellants Who Are Not Parties To The Proceeding Before The Learned Single Judge Are Now In A Special Appeal Complaining Of The Impact Of These Directions Which Have Been Issued In The Impugned Judgment Dated 15 July 2015, On A Large Number Of Employees, Like Them, Who Were Not Parties To The Proceeding And Were Not Heard. What Seems To Have Weighed With The Learned Single Judge Was That A Large Number Of Petitions Was Filed By Drivers Of UPSRTC Who Are Medically Unfit And Are Unable To Perform Duties. The Learned Single Judge Issued A General Direction To The Managing Director To Prepare A List Of Such Drivers Who Had Moved Applications On The Ground That They Are Medically Unfit And Thereafter To Constitute A Committee "to Look After The Compulsory Retirement Of All Those Drivers Who Are Stated To Be Medically Unfit And Have Completed More Than Requisite Number Of Years Of Service.". The Managing Director Was Directed To Communicate Compliance To The Registrar General.
We Find Merit In The Contention Of The Learned Counsel Appearing For The Appellants That The Aforesaid Directions Were Not Warranted And Ought Not To Have Been Passed In A Petition Filed By An Employee Challenging An Order Of Transfer. The Limited Issue In The Writ Petition Related To The Validity Of The Order Of Transfer Which Was Passed Against A Driver Of UPSRTC. The Learned Single Judge Issued General Directions For Compulsory Retirement Of Medically Unfit Persons After Constituting A Committee For That Purpose. These Directions Would Affect A Large Number Of Employees Who Have Not Been Heard. In Any Event, We Find No Reason Or Occasion For The Court To Enlarge A Limited Dispute In Regard To The Legality Of An Order Of Transfer Into A Systemic Issue Relating To Compulsory Retirement Of Medically Unfit Persons. Hence, We Find That The Impugned Directions Which Have Been Extracted Above Are Unsustainable.
We, Accordingly, Set Aside Those Directions. However, We Expressly Clarify That We Have Set Aside The Aforesaid Directions Of The Learned Single Judge Only On The Ground That There Was No Occasion To Issue Those Directions Having Regard To The Nature Of The Lis. This Would Not Be Considered As Precluding The Jurisdiction Of The Employer To Take Recourse To Such Remedies As Are Available In Law. Nothing That We Have Stated Shall Be Construed As Foreclosing Any Right Or Submission In That Regard Either Of The Employer Or The Employees.
The Special Appeal Is, Accordingly, Allowed In These Terms And Shall Stand Disposed Of. There Shall Be No Order As To Costs.
Order Date :- 16.10.2015
RK (Dr D Y Chandrachud, CJ)


(Yashwant Varma, J)



C.M. Delay Condonation Application No. NIL Of 2015
Case :- SPECIAL APPEAL DEFECTIVE No. - 733 Of 2015
***
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Yashwant Varma,J.

The Delay Of 59 Days In Filing The Special Appeal Is Condoned Since Sufficient Cause Has Been Shown In The Affidavit Filed In Support.
The Delay Condonation Application Is, Accordingly Disposed Of. There Shall Be No Order As To Costs.
Order Date :- 16.10.2015
RK (Dr D Y Chandrachud, CJ)


(Yashwant Varma, J)


C.M. Application No.362634 Of 2015
Case :- SPECIAL APPEAL DEFECTIVE No. - 733 Of 2015

Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Yashwant Varma,J.

Leave To Appeal Against The Judgment Of The Learned Judge Dated 15 July 2015 Is Granted Since The Appellants Who Are Parties To These Proceedings Would Be Seriously Affected By The Directions Which Were Issued By The Learned Single Judge.
The Application Is, Accordingly Disposed Of. There Shall Be No Order As To Costs.

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