Court No. - 58
Case :- WRIT - A No. - 16551 of 2018 Petitioner :- Praveen Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sheetala Prasad Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 6.8.2018:-
"Petitioner is aggrieved by an order dated 14th July, 2018, whereby his transfer made earlier has been cancelled. Submission is that petitioner was transferred from Sant Kabir Nagar to Gorakhpur, vide order dated 14th July, 2018. Petitioner asserts that he was relieved and has joined pursuant to such order. His grievance is that thereafter petitioner's transfer order has been cancelled on 15.7.2018, which was communicated to him after joining at Gorakhpur. Submission is that no justification exists nor has been shown for cancellation of transfer order.
Learned Standing Counsel may obtain instructions. Put up on the additional cause list on 13.8.2018.
Till the next date of listing, petitioner shall not be relieved, unless he has already been relieved."
Learned Standing Counsel has obtained instructions and copy thereof has been furnished to the counsel for the petitioner. As per instructions, petitioner was promoted to the post of Junior Engineer (Civil) under the U.P. Public Works Department's Junior Engineer (Civil) Group 'C' Service Rules, 2014 within 5% promotion quota. After such promotion, he was transferred. It is stated that petitioner's promotion itself has been found to be invalid inasmuch as the diploma relied upon by the petitioner by the distance mode from The Institute Advanced Studies in Education Deemed University, Gandhi Vidya Mandir, Sardar Sahar, Rajasthan has not been found to be valid under rule 8(2) of the Rules of 2014. A show cause notice for cancellation of promotion has also been issued to the petitioner. It is stated that for such reasons, the order of transfer has been cancelled.
From the materials brought on record, it appears that petitioner's transfer was made on account of his promotion to the post of Junior Engineer (Civil). Once the petitioner's promotion itself is in cloud, and his transfer is cancelled for such reason, no exception can be taken to it. Challenge laid to the order of transfer fails.
It is, however, provided that depending upon the outcome of proceedings initiated for cancellation of promotion, the authority competent shall pass appropriate orders in the matter, in accordance with law.
With the aforesaid observations, this writ petition is consigned to records.
Order Date :- 18.8.2018 Ashok Kr.