Heard learned counsel for the petitioner and the learned Standing Counsel for the opposite parties no.1 to 4.
Notices on behalf of the opposite parties no.1 to 4 has been accepted by the learned Chief Standing Counsel.
Issue notice to opposite party no.5 returnable at an early date.
Counter-affidavit may be filed within a period of four weeks. Rejoinder- affidavit, if any, may be filed within two weeks.
List after expiry of the aforesaid period.
Learned counsel for the petitioner submitted that by the impugned transfer order dated 19.06.2010, Annexure no.1 to the writ petition, the petitioner who is working as Administrative Officer, Collectorat Barabanki, has been transferred on the same post at Tahsil Ram Nagar in place of opposite party no.5, who has been transferred from Tahsil Ram Nagar to the Collectorat Barabanki. Submission is that the impugned transfer order is in violation of the Circular dated 28.07.2006 of the Board of Revenue which provides that the senior most Administrative Officer shall be posted at the Collectorate, whereas juniors shall be posted at Tahsil Headquarters and in any exceptional case, prior approval of the Board shall be taken, which has not been obtained in this case. It is also submitted that opposite party no.5 is junior to the petitioner as is evident from the order of the District Magistrate, Barabanki dated 30.06.2009, Annexure no.12 to the writ petition. it is also submitted that the petitioner has not yet been relieved in pursuant of the impugned transfer order.
In view of the above circumstances, the operation of the impugned transfer order dated 19.06.2010, Annexure no.1 to the writ petition, is stayed, till the next date of listing provided the new incumbent has not joined on the post of the petitioner.
Order Date :- 24.6.2010 ank