Praveen Kumar Chaturvedi vs Excutive Engineer,E4 ...
2011 Latest Caselaw 4136 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 48350 of 2011
 

 
Petitioner :- Praveen Kumar Chaturvedi
 
Respondent :- Excutive Engineer,E4 Anubhag,Irrigation Deptt.,Lucknow & Ors
 
Petitioner Counsel :- Atul Dayal,Shashidhar Pandey
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

By the order dated 28.6.2008, the petitioner has been transferred. The said transfer order has been stayed by this Court vide order dated 17.11.2008 in Writ Petition No. 59155 of 2008. By the subsequent order dated 11.11.2010, the petitioner has been transferred to Bhognipur Prakhand, Nichli Ganga Nahar, Etawah where he has joined and is working. It appears that when the aforesaid writ petition came up for consideration, the same has been dismissed as being infructuous as the petitioner has been subsequently transferred vide order dated 11.11.2010. Since the writ petition has been dismissed by the impugned orders dated 19.7.2011 and 27.1.2011, a direction has been issued to comply with the order dated 28.6.2008. It appears that the respondents are of the views that after the dismissal of the writ petition, the earlier transfer order revives and to be implemented.

The contention of the learned counsel for the petitioner is that when the subsequent transfer order has been passed, the earlier transfer order stands superseded.

Learned Standing Counsel may seek instruction in the matter.

Put up on Wednesday i.e. on 31.8.2011 as fresh.

Till Wednesday i.e. on 31.8.2011, the implementation of the impugned orders dated 19.7.2011 and 27.1.2011 shall be kept in abeyance.

Order Date :- 25.8.2011

OP