Court No. - 38
Case :- WRIT - A No. - 10211 of 2019 Petitioner :- Ram Kawal Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition following orders were passed on 18.7.2019:-
"While entertaining the writ petition, following orders were passed on 11.7.2019:-
"Petitioner is aggrieved by an order dated 29th June, 2019, whereby he has been sent from Fatehpur to Prayagraj. It is stated that petitioner was continuing at Prayagraj and pursuant to his attachment only about 20 days back he has been sent on his request to Fatehpur. It is stated that the order of transfer incorrectly records that petitioner has been transferred to Prayagraj on his request, inasmuch as, there is no request by the petitioner to be sent to Prayagraj. It is stated that petitioner has otherwise only nine months left to retire.
Learned Standing Counsel may obtain instructions. Post as fresh on 18.7.2019.
Till the next date of listing, petitioner shall not be relieved pursuant to order of transfer dated 29th June, 2019."
Learned counsel for the petitioner states that after the aforesid order was passed by this Court, the petitioner was summoned by the Additional Commissioner Grade-II, Commercial Tax, Allahabad, and scolded him for having approached this Court. It is also stated that the petitioner is made to perform all domestic work of Additional Commissioner Grade-II and on account of interim protection granted by this Court, the authority concerned is adament at harassing him. It is stated that the petitioner's grievance has not been examined particularly when he is left with only nine months to retire.
Learned Standing Counsel has obtained instructions. It is stated that petitioner has been transferred to Allahabad as there is only one post of driver at Fatehpur which is occupied. This statement of fact is emphatically denied by the counsel for the petitioner.
Let this matter appear as fresh, once again on 22.7.2019.
Additional Commissioner Grade-II, Commercial Tax, Allahabad shall remain personally present before this Court alongwith the records on the next date fixed."
Again when the matter is taken up following orders were passed on 22.7.2019:-
"Pursuant to the orders passed on the previous occasion, Additional Commissioner Grade-II, Allahabad is present in Court today. Learned Standing Counsel states that the officer concerned has already been transferred to Lucknow.
Learned counsel for the petitioner submits that in case there was no vacancy at Fatenpur, there was no justification for the authorities to have accepted the petitioner's request for discontinuing his attachment at Allahabad. It is also submitted that the action of posting at Fatehpur while attaching him at Allahabad is without any justification.
Learned Standing Counsel will obtain instructions as to how the authority concerned accepted petitioner's request for cancellation of attachment when there existed no vacancy at Fatehpur.
The Additional Commissioner, who is present in Court today, need not appear again unless directed by this Court. Post as fresh on 26.7.2019."
Today, learned Standing Counsel states that a person who is posted at Fatehpur has been transferred elsewhere and a different person from Kaushambi has been sent to Fatehpur.
From a perusal of the materials placed this Court finds that for the last three years petitioner has continued at Allahabad and once his request for being transferred to Fatehpur is accepted, there would be no justification for not considering petitioner's claim and to fill the post by sending someone else.
Faced with the aforesaid, learned Standing Counsel submits that authorities be permitted to reconsider petitioner's claim.
In view of the above, this writ petition stands disposed of with a direction upon the respondent no.2 to reconsider petitioner's claim, by passing a fresh order of transfer, keeping in view the observations made above, within a period of four weeks from the date of presentation of certified copy of this order. It shall be open for the authority concerned to adjust the persons in order to accommodate the petitioner.
Order Date :- 26.7.2019 Ashok Kr.