Court No. - 34
Case :- WRIT - A No. - 6251 of 2021 Petitioner :- Bhagat Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Suresh Chandra Dwivedi,Anju Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri I.S. Tomar learned Additional Chief Standing Counsel for the State respondents.
On 08 June 2021, the Court noted the submission of parties in the following terms:-
"Heard learned counsel for the parties.
The grievance of the petitioner is that the petitioner and one Noor Jahan who were working as an Office Assistant at the Industrial Tribunal, Kanpur have been transferred because of their inter se dispute. Further argument is that the petitioner has no objection to the transfer order but since the brother of Noor Jahan is posted at Jhansi as sub-inspector and he had issued threatening on phone, the petitioner can get further harassed and, therefore, he should be transferred to some other place.
Prima facie, the entire complaint and the decision taken show that the transfer of both the employees have taken place only because of the inter se dispute and, therefore , interest of justice on equity would demand that the petitioner may be adjusted/transferred to some district other than Jhansi.
Learned counsel for the petitioner seeks time to obtain instruction in the matter.
Put up this case as fresh on 21.6.2021.
In the meanwhile, no coercive action shall be taken against the petitioner pursuant to the order dated 12.2.2021 passed by Respondent no.3."
Noticing the apprehension which was expressed, the Court further provided that no coercive action will be taken against the petitioner pursuant to the order of transfer dated 12 February 2021.
Learned Standing Counsel has today placed for the perusal of the Court instructions received which includes an order dated 26 July 2021 in terms of which the petitioner has now been transferred to Ayodhya. The Court takes note of the concession made on behalf of the petitioner and so recorded in the earlier order to the effect that he had no objection to the transfer and that he only had an apprehension in respect of his posting at Jhansi. That apprehension now stands allayed consequent to the posting of the petitioner at Ayodhya. In view of the aforesaid, nothing further survives on this petition which shall stand disposed of.
The grievance of the petitioner in respect of nonpayment of salary shall be attended to and resolved by the competent authority expeditiously.
Order Date :- 27.7.2021 faraz Digitally signed by Justice Yashwant Varma Date: 2021.07.27 18:17:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad