Heard learned counsel for the parties.
This Court has passed order dated 25.11.2019 as under :
"Heard Sri Kunwar Ravi Praksash learned counsel for petitioner and the learned State Counsel appearing on behalf of opposite parties.
Petitioner has challenged transfer order dated 21st October, 2019 transferring him from one tehsil to another within the district. The order has been issued by Additional District Magistrate (Administration) after prior approval of District Magistrate.
Learned counsel for petitioner submits that the order has been passed without jurisdiction since as per Government Order dated 28th May, 2019, transfers affected after 30th June, 2019 can be done so only after prior approval of an authority higher than the appointing authority. Learned counsel for petitioner has drawn attention to the notification dated 17th October, 2017 whereby the service rules of 2017 for the post of Revenue Inspector have been notified in which Regulation 2 specifies the appointing authority as the Collector of a District Magistrate. Learned counsel for petitioner submits that in view of the aforesaid notification, it was incumbent upon opposite parties to have taken approval of Commissioner before issuance of transfer order.
Learned counsel for petitioner has also submitted that even otherwise there is no vacant post of a Revenue Inspector available at the transferred place.
Prima facie the submissions advanced by learned counsel for petitioner require consideration for which learned State Counsel is granted three days' time to seek instructions.
List this case on 29th November, 2019 as a fresh case.
Till then operation of impugned order dated 21st October, 2019 shall remain stayed."
In compliance of the aforesaid order Dr. Udai Veer Singh, learned Addl. C.S.C. has produced the copy of the letter dated 27.11.2019 preferred by the Additional District Magistrate, Administration, Raibarely addressing to the office of Chief Standing Counsel, High Court, Lucknow Bench, Lucknow enclosing therewith the photocopy of order of this Court and some official correspondences. The letter dated 27.11.2019 categorically provides that there is no vacant post of Revenue Inspector available at Tehsil Lalganj and his transfer at Dalmau is under consideration. Letter dated 27.11.2019 is taken on record.
Therefore, considering the fact that the transfer of the petitioner at Dalmau is under consideration and looking into the fact that the submission of learned counsel for the petitioner that no vacant post of Revenue Inspector is available at Tehsil Lalganj is true, the transfer order of the petitioner dated 21.10.2019 (Annexure no. 1 to the writ petition) passed by the Additional District Magistrate, Administration, Raibarely has lost its efficacy, therefore, the same is hereby quashed.
It is made clear that it is always open to the competent authority to pass any appropriate order for the employee, therefore, such order can be passed but strictly in accordance with law and as per the transfer policy.
In view of above, writ petition is disposed of.
Order Date :- 29.11.2019 Om [Rajesh Singh Chauhan, J.]