Court No. - 38
Case :- WRIT - A No. - 13730 of 2019 Petitioner :- Ankit Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadhesh Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition following orders were passed on 12.09.2019:-
"It is submitted that the petitioner, who is working as Junior Clerk in district Kasganj, has been transferred to district Bijnor vide order of the Directorate, Social Welfare, Lucknow dated 29.06.2019. However, he has not been relieved by the Competent Authority as yet.
Put up as fresh before the appropriate Bench on 27.09.2019 to enable learned Standing Counsel to seek instructions in the matter."
Despite grant of opportunity to learned Standing Counsel has not been able to obtain instructions. In view of the nature of order proposed to be passed, no further opportunity is required to be given to the State in the matter.
Petitioner’s grievance is that though he has been transferred, but respondent no. 3 is not relieving him on account of which he has been able to join. Once an order of transfer has been passed by the competent authority, the respondents are expected to pass consequential orders of relieving also.
In the facts and circumstances, it would be appropriate to dispose of this petition with a direction upon respondent no.3 to examine petitioner's grievance and in case the order of transfer subsists, then necessary relieving order would be passed, within a period of four weeks from the date of presentation of certified copy of this order.
Order Date :- 27.9.2019 M. ARIF