Allahabad High Court
Bhanu Pratap Singh vs State Of U.P. And Others on 19 March, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 42454 of 2005
Petitioner :- Bhanu Pratap Singh
Respondent :- State of U.P. and Others
Counsel for Petitioner :- Nigamendra Shukla
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Shailesh Verma, learned counsel for the petitioner and learned Standing Counsel.
Present restoration application along with delay condonation application has been preferred to recall the order dated 26.11.2012 by which the present writ petition was dismissed for want of prosecution.
In the present matter an interim order was accorded in favour of the petitioner on 25.5.2005 staying the transfer of the petitioner to Uttaranchal until further orders and present writ petition was connected with Writ Petition No.31414 of 2005. Finally the writ petition was dismissed for want of prosecution on 26.11.2012. It is averred in the application that the petitioner, who is working as Class-IV employee in the Home Guard Department was not aware with the aforesaid dismissal order. Only once the order dated 22.10.2020 passed by the Deputy commandant General Headquarters was communicated to the petitioner transferring him to State of Uttaranchal, he got information about the dismissal of the writ petition. He further apprised to the Court that bunch of similar matters with leading Writ-A No.3636 of 2005 (Jagdish Narayan Doharey v. State of U.P. & Ors.) had been entertained by this Court and finally the order of transfer to State of Uttrakhand (Uttaranchal) was concluded by this Court vide judgment dated 22.5.2015. The said judgment has attained finality and at no point of time the parties have assailed the validity of the said order. It is submitted that the petitioner is also entitled for the similar relief and if the order dismissing the writ petition is not recalled, the petitioner, who is Class-IV employee would suffer irreparable loss and injury.
Cause shown in the affidavits accompanying the delay condonation application as well as restoration application is sufficient. Both the applications are allowed. The order dated 26.11.2012 dismissing the writ petition for want of prosecution is recalled. The writ petition is restored to its original number.
The Court has proceeded to examine the record in question and find that once bunch of writ petitions with leading Writ-A No.3636 of 2005 having similar controversy has already been allowed by order dated 22.5.2015 and the petitioner on similar footing was also working on the strength of the interim order dated 25.5.2005, he is also entitled for the similar relief. For ready reference, the operative portion of the judgment dated 22.5.2015 is quoted as under:-
"21. Once both the State Governments have agreed that those Class-III and IV employees, who were allocated to Uttrakhand against their options and have not complied with the allocation orders, are still continuing on the basis of interim orders of this Court, their allocation to Uttrakhand should be cancelled and they be allocated to the State where they are presently working, and once concurrence has taken place between the parties, then at this stage it would not be appropriate to displace the persons from one State and send to another State. It is also apparent from the record that in most of the cases the interim orders are operating and the petitioners are working in the departments with utmost their satisfaction. Therefore, this Court is of the view that at this stage, they may not be shifted to the State of Uttrakhand.
22. In view of the above, all the writ petitions are allowed and the impugned orders are quashed. The respondents are directed to proceed as per the time schedule indicated as above."
In view of above, the writ petition stands allowed and the impugned orders transferring the petitioner to State of Uttarakhand (Uttaranchal) are quashed. The respondents are directed to proceed accordingly.
Order Date :- 19.3.2021
SP/
