Court No. - 5
Case :- WRIT - A No. - 12165 of 2021 Petitioner :- Sanjiv Kumar Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Shukla,Krishna Kumar Mishra Counsel for Respondent :- C.S.C., Dhiraj Kumar Pandey
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondents no.1 to 3 & 5 and Sri Dhiraj Kumar Pandey, learned counsel for the respondent no.4.
The petitioner is Veterinary Pharmacist and has challenged the order of transfer dated 15.07.2021 by which he has been transferred from Chilkana to Sarsawan and also the transfer order of the respondent no.4 dated 14.07.2021.
The petitioner has challenged the transfer order on the ground that in view of the Government Order dated 05.11.2014, there is specific bar of transferring the group 'C' employees. The other ground of challenge is that the transfer order has been passed against the petitioner only in order to accommodate the respondent no.4.
This Court on 17.09.2021 sought instruction from learned Standing Counsel. Since, the instructions were not complete, therefore, this Court on 30.09.2021 granted further time to seek instructions and fixed the matter for 07.10.2021.
It appears that on 07.10.2021, though, the instructions were placed before the Court, but the specific query of the Court raised vide order dated 17.09.2021 was not replied. Accordingly, this Court on 07.10.2021 passed the following order:-
"Learned counsel for the petitioner is permitted to implead the Director, Administration and Development, Department of Animal Husbandry, U.P. Lucknow as respondent no. 5 during the course of day.
Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Dhiraj Kumar Pandey, learned counsel for the respondent no. 4.
Case was heard on 17.9.2021, Court has passed the following order:-
"Petitioner is aggrieved by transfer order dated 15.7.2021. This order is assailed on the basis of a Government Order, dated 5th November, 2014, in which it is stated that generally employees of Class 'C' & 'D' category would not be transferred. It is also urged that the order has been passed merely to accommodate respondent no. 4, which is wholly arbitrary in the facts of the present case.
Learned Standing Counsel points out that the issue raised by the petitioner in this matter is also engaging attention of the Director who has called for comments in the matter.
From the materials brought on record, it transpires that the Director has called for comments from the Additional Director vide letter dated 3rd August, 2021.
List this matter as fresh, once again, on 30.9.2021 in order to enable the learned Standing Counsel to obtain instructions and apprise the Court as to what has been the outcome of the aforesaid exercise.
Till then petitioner shall not be relieved, unless he has already been relieved."
Again case was heard on 30.9.2021, but instruction has not been received and Court has passed the following order:-
"Mr. Dhiraj Kumar Panday, Advocate has filed Vakalatnama on behalf of respondent no.4, which is taken on record.
Learned Standing Counsel prays for and is granted one week further time to seek instruction as directed by this Court vide order dated 17.9.2021.
Put up this case as fresh on 7.10.2021 showing the name of Mr. Dhiraj Kumar Pandey as counsel for the respondent.
Interim order, if any, shall continue till the next date of listing."
Pursuant to the order of this Court dated 17.9.2021, learned Standing Counsel has produced the instruction dated 6.10.2021, but the same is having no reply to the query raised by the Court vide order dated 17.9.2021. The instruction dated 6.10.2021 is taken on record.
Under such circumstances, learned Standing Counsel is granted last opportunity to seek instruction as directed by this Court vide order dated 17.9.2021 failing which respondent nos. 1 & 5 shall remain present before this Court on the next date.
Put up this case as fresh on 25.10.2021.
Interim order, if any, shall continue till the next date of listing."
Learned Standing Counsel, on instructions, submits that the transfer of the petitioner has been stayed by the respondent no.5-Director, Administration and Development, Department of Animal Husbandry, U.P. Lucknow till further orders.
Learned counsel for the petitioner contends that despite, interim order of this Court, the petitioner is not being allowed to function. He submits that there is one post of Veterinary Pharmacist in Chilkana, District Saharanpur and hence, the action of the respondents in not permitting the petitioner to function on the said post is arbitrary.
Considering the facts and circumstances of the case, this Court finds appropriate to relegate the petitioner to the respondent no.5-Director, Administration and Development, Department of Animal Husbandry, U.P. Lucknow permitting him to file fresh representation within two weeks from today. In case any such representation is filed by the petitioner, the respondent no.5 shall consider and decide the same by speaking order in accordance with law after hearing the respondent no.4 within four months thereafter.
The transfer order dated 15.07.2021 of the petitioner shall remain stayed for a period of five months or till the disposal of the representation of the petitioner, whichever is earlier.
The writ petition is disposed of with the observations made above.
Order Date :- 25.10.2021 SS