HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 40189 of 2011 Petitioner :- Radha Krishan Verma And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Yogish Kumar Saxena Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
The petitioners were working as junior clerks. By the order dated 23.5.2002, the petitioners have been transferred. The petitioners have been further transferred vide order dated 15.6.2005. The said order has been modified vide order dated 17.6.2005. The transfer order dated 15.6.2005 has not been implemented in view of the letter of the Chief Medical Officer, Mainpuri dated 16.11.2005. Further, by transfer order dated 31.7.2007, the petitioners have been transferred but the said order has been cancelled by the Director General, Medical Health and Family Welfare, U.P., Lucknow vide order dated 12.9.2007 and the same has not been implemented. The Director General, Medical Health and Family Welfare, U.P., Lucknow has directed the Chief Medical Officer, Mainpuri to relieve the petitioners in view of the letter dated 23.5.2002 and the order dated 17.6.2005.
Learned counsel for the petitioners submitted that after the transfer order dated 15.6.2005 further transfer order has been passed in the year 2007 which has been stayed by this Court, there is no justification for implementing the transfer order dated 15.6.2005 after five years, which is wholly illegal and arbitrary.
The submission of learned counsel for the petitioners has substance and requires consideration.
Learned Standing Counsel is directed to file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, the operation of the letter dated 8.7.2011 issued by the Joint Director (Head Office Premises) Office of the Director (Administration), Medical Health and Family Welfare, U.P., Lucknow, Annexure-6 to the writ petition, shall remain stayed implementing the transfer orders dated 23.5.2002 and 17.6.2005. It is made clear that this order will not preclude the authority concerned to pass a fresh transfer order in accordance to law.
Order Date :- 21.7.2011 OP