Kamal vs State Of U.P. And 4 Others
2017 Latest Caselaw 3068 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 
Case :- WRIT - A No. - 33851 of 2017
 
Petitioner :- Kamal
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Awadh Behari Singh,Manish Singh
 
Counsel for Respondent :- C.S.C.,Ashish Malhotra,Pushpila Bisht,R.K.Ojha
 

 
Hon'ble Ran Vijai Singh,J.

Hon'ble Ifaqat Ali Khan,J.

We have heard Sri Awadh Behari Singh, learned counsel for the petitioner and Sri Ashok Khare, learned Senior Counsel assisted by Sri Raj Kumar Ojha, learned counsel appearing for respondent no.5.

By means of this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 07.07.2017 passed by the Secretary, Rural Development U.P., Lucknow by which the petitioner while working as Assistant Engineer has been transferred from Saharanpur to Mainpuri. This transfer order has been challenged on the ground that the petitioner was transferred from Mainpuri to Saharanpur on his personal request vide order dated 29.06.2017. Considering the submission of learned counsel for the petitioner, on 04.08.2017, this court has passed following order:-

"Sri Raj Kumar Ojha has filed vakalatnama on behalf of respondent no.5 which is taken on  record.

Sri A.B.Singh, learned counsel for the petitioner has shown a Division Bench Judgment of this Court in Ram Bharat Verma vs. State of U.P. [2007 (25) LCD 1299] wherein the Court has held that once the order of transfer has been passed for personal reasons on compassionate ground to a particular place then unless there are very strong and exceptional reasons for accommodating another person, such order cannot be cancelled. In his submission the petitioner was posted at Saharanpur on his personal request on 29.6.2017 but the order of transfer has been cancelled on 7.7.2017 with a view to accommodate one Sri Rajeev Srivastava, respondent no.5.

Sri R.K.Ojha, learned counsel appearing for respondent no.5 submits that Sri Ashok Khare, learned senior counsel will argue the case, therefore the case may be adjourned. On his request, put up on 8th August, 2017 as first fresh case showing the name of Sri Raj Kumar Ojha, as counsel for the respondent."

After the aforesaid order, Sri Khare, learned Senior Counsel appeared and submitted that the respondent no.5 has joined at transferred place on 10.07.2017 and since then he is continuing. He has also contended that the petitioner has not brought on record, the letter of request made before respondent no.1 who has transferred him nearby District of Meerut. He has also contended that the petitioner in this writ petition has not disclosed record of his posting in Meerut. He has also stated that in view of the fact that respondent has already joined, he may be granted two week's time to file counter affidavit.

Considering the aforesaid submissions learned Standing Counsel as well as Sri Khare both are directed to file counter affidavit within a period of two weeks. It is clarified that no further time shall be granted looking into the facts and circumstances of the present case and the law laid down by this Court in Ram Bharat Verma vs. State of U.P. [2007 (25) LCD 1299].

Put up this case in  the additional cause list on 30.08.2017, in the meantime rejoinder affidavit if any may be filed. Learned counsel for the petitioner is at liberty to make mention on that date for taking up this case out of turn.

Order Date :- 8.8.2017/Swati