JUDGMENT Arun Tandon, J.
1. Heard Shri Vikas Budhwar on behalf of the petitioner and Shri-respondent. N. Tripathi on behalf of the respondent No. 3.
2. Counsel for the parties agree that the writ petition may be disposed of at the admission stage itself without calling for a counter affidavit.
3. Petitioner as well as respondent No. 3 are employed as Food Inspectors. Vide order dated 19/20 February, 2004 the petitioner was transferred from Community Health Centre, Cholapur, Varanasi to Primary Health Centre, Kashi Vidyapeeth, Varanasi. Under the same order Shri Teerath Raj Pandey, was transferred from Primary Health Centre, Kashi Vidyapeeth to Community Health Centre, Cholapur. Shri Teerath Raj Panedey challenged the transfer order by means of Writ Petition . The Writ petition was allowed Vide judgment and order dated 13.5.2004 and the order of transfer dated 19-20/2/2004 was quashed on the finding that: the Chief Medical Officer had no jurisdiction or authority to transfer Food Inspectors. It: was recorded that the averment made to the effect that Chief Medical Officer has no jurisdiction or authority to transfer Food Inspector has gone unrebutted, The petitioner being aggrieved by the said order preferred Special Appeal No. 414/04 which was also dismissed by this Court vide order dated 8.4.2004. The Division Bench also recorded a finding that from Government Order dated 21,10.2001 it is apparent that Chief Medical Officer has no competence to transfer the Food Inspectors.
4. Subsequent to the judgment referred to above, State Government issued another Government Order dated 3.6.2004 (copy whereof has been annexed as Annexure-6 to the writ petition) whereunder the Chief Medical Officer has been conferred a power to transfer the Food Inspectors from one Primary Health Centre to another within his district. As a consequence to the aforesaid policy decision of the State Government, an order dated 23.7.2004 was passed by the Chief Medical Officer requiring the petitioner to take charge of the post of Primary Health Centre, Kashi Vidyapeeth. One Shri Hira Singh Yadav who was also working as Food Inspector and had been transferred from Bhadohi to Varans filed Writ: Petition No. 47940/05 in the Hon'ble High Court of Judicature at Allahabad with a prayer that the order dated 16.5.2004 and 23.7.2004 be cancelled and he may be permitted to work at Primary Health Centre, Kashi Vidyapeeth. The writ petition was disposed of vide judgment and order dated 8.7.2005 with liberty to Hira Singh Yadav to file a representation before the State Government and the State Government in turn was directed to consider the same strictly in accordance with law, That by means of the impugned order dated 25.10.2005 State Government cancelled the order of transfer dated 23,7,2004 whereby the petitioner was posted at Primary Health Centre , Kashi Vidyapeeth. This order of the State Government is under challenge in the present writ petition.
5. I have heard counsel for the parties and gone through the records.
6. From the order dated 25.10.2005, it is apparently clear that except for reproducing the order passed by this Court dated 8.7.2005 absolutely no reasons have been assigned by the State Government for allowing the representation made by Shri Hira Singh Yadav nor any reasons have been disclosed as to why the order of the Chief Medical Officer dated 23.7.2004 was being cancelled. This Court vide order dated 25.8,2005 had specifically provided that the State Government shall consider and decide the representation of Shri Hlra Singh Yadav by means of reasoned speaking order.
7. This Court has no hesitation to record that the aforesaid direction of the Court has not been complied with by the Secretary while passing the impugned order. There art absolutely no reasons on record in the impugned order quashing the order dated 23.7.2005 or for directing that Shri Hira Singh Yadav would work at Primary Health Centre, Kashl Vidyapeeth.
8. In the absence of reasons having been recorded in the impugned order the same cannot be legally sustained as it runs contrary to the directions of this Court referred to above,
9. Accordingly the present writ petition is allowed. The order dated 25.10.2005 passed by the State Government is hereby quashed. Respondent No. 1 is directed to reconsider the representation of respondent No. 3 in strict compliance of the order of this Court dated 8.7.2005, preferably within six weeks from the date a certified copy of this order is filed before him.