Heard Sri Dinesh Kumar Misra, learned counsel for the petitioner, learned Standing Counsel for the opposite party No.1 and Sri Shree Prakash Singh, learned counsel for the opposite party Nos.2 to 5.
In compliance of order dated 25.02.2019, Sri Shree Prakash. Singh has submitted that the transfer of the petitioner from Varanasi to Gorakhpur has been made due to administrative exigency.
The perusal of relieving order dated 27.11.2018 does not reveal that the transfer of the petitioner has been made on account of administrative exigency. This Court has taken note of the fact that the petitioner was earlier transferred from Lucknow to Gorakhpur on 31.10.2018 at Paddy Project Centre and that transfer order was assailed by the petitioner in Writ Petition No.33572 (S/S) of 2018 on the ground that the petitioner is a Class-IV employee may not be compelled to take charge of the Paddy Project Centre. On account of the said reasons, this Court was pleased to grant interim order in favour of the petitioner on 20.11.2018.
It appears that as soon as the Competent Authority could know about the order dated 20.11.2018, he passed the subsequent transfer order dated 22.11.2018 transferring the petitioner from Varanasi to Gorakhpur treating the petitioner as if he is posted at Varanasi.
Learned counsel for the petitioner has submitted that the transfer order dated 22.11.2018 has not been served upon the petitioner.
However, Sri Shree Prakash Singh has produced the copy of transfer order dated 22.11.2018, the same is taken on record.
The perusal of transfer order dated 22.11.2018 reveals that the petitioner has been transferred to Paddy Ahar Factory, Gorakhpur permanently.
The facts and circumstances of the issue in question prima-facie reveals that when the petitioner got interim order dated 20.11.2018 in Writ Petition No.33572 (S/S) of 2018, the transfer order dated 22.11.2018 has been passed.
Since this Court was pleased to stay the transfer order of the petitioner from Lucknow to Gorakhpur, therefore, firstly the petitioner should have been posted at Lucknow thereafter any transfer order could have been passed. Therefore, the impugned transfer order dated 22.11.2018 appears to have been issued in an improper manner.
The matter requires consideration.
Let the counter affidavit be filed within a period of three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.
List this petition in the week commencing 01.04.2019.
Till the next date of listing, the operation and implementation of the impugned transfer order dated 22.11.2018 and the relieving order dated 27.11.2018 are hereby stayed.
Since the petitioner has not submitted his jointing at his transferred place at Gorakpur, therefore, he shall demonstrate the fact supporting with the documents as to what was the reason of his non-joining at Gorakhpur after relieving order dated 27.11.2018.
Further, since the petitioner is a Class-IV employee and tenor of the transfer order dated 22.11.2018 is not appropriate, as observed above, therefore, this interim protection is granted to the petitioner till the next date of listing, however, the interim order shall not be extended on the next date without hearing learned counsel for the petitioner.
Order Date :- 28.2.2019 Suresh/ [Rajesh Singh Chauhan,J.]