Court No. - 35
Case :- WRIT - A No. - 15158 of 2021 Petitioner :- Mamta Upadhyay And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Navin Kumar Sharma,Nitin Kumar Tiwari Counsel for Respondent :- C.S.C.,Archana Singh
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioners, learned Standing Counsel and Smt. Archana Singh, learned counsel for the respondents.
The petitioners have preferred the present writ petition with the following prayer:-
"(i) issue a writ, order or direction in the nature of certiorari quashing the impugned Clause-13 of the Government Order dated 02.12.2019 issued by Additional Chief Secretary, Government of U.P. Lucknow respondent no.1."
Smt. Archana Singh, learned counsel for the respondents placed reliance upon a judgement and order passed by this Court in the case of Aradhana and another Vs. State of U.P. and others (Writ A No.9177 of 2021) decided on 05.08.2021.
It is argued that insofar as the prayer no.1 is concerned, the aforesaid aspect of the matter has already been decided and rejected by the Division Bench in the case of Aradhana (supra) and as such in the light of the aforesaid judgement, the present petition is also liable to be dismissed.
On the other hand, it is argued by learned counsel for the petitioner the claim set up by the petitioner for their transfer has already been rejected, copy of which is appended as Annexure No.20 to the present writ petition.
Counsel for the petitioner placed reliance upon the last portion of the aforesaid order which is quoted below:-
"As noted above, in case of any arbitrary action of the respondents in rejecting the request of transfer of the petitioners in violation of the Rules, 2008, it is open for them to challenge the same before the appropriate court."
After some arguments, learned counsel for the petitioners made a prayer to dismiss the present writ petition with liberty to file fresh petition as per observation made in the case of Aradhana (supra).
Accordingly, the present petition is dismissed with liberty as prayed.
Order Date :- 23.12.2021/saqlain