Court No. - 38 Case :- WRIT - A No. - 36814 of 2010 Petitioner :- Shyam Lal Respondent :- State Of U.P. And Others Petitioner Counsel :- Lakshi Kant Trigunait Respondent Counsel :- C.S.C.,Madan Singh Hon'ble Pankaj Mithal,J.
Heard learned counsel for the petitioner and the learned Standing counsel for
the respondents no. 1 to 4.
By the order dated 23.9.2009 petitioner as well as respondent no. 5 were
transferred. However, subsequently respondent no. 5 represented against the
aforesaid order in pursuance of which the impugned order dated 18.6.2010
has come to be passed displacing the posting of the petitioner.
The submission of the learned counsel for the petitioner is that he can not be
displaced from his posting to accommodate respondent no. 5. Secondly, the
posting of respondent no. 5 is in violation of the various government orders as
he is continuing on the same post for more than 11 years.
According to Sri Ashok Khare, Senior Advocate assisted by Sri Shailesh
Pandey, learned counsel for respondent no. 5 petitioner has been relieved and
the respondent no. 5 has already joined on 19th June 2010. The petitioner has
protested against the impugned order of transfer by filing a representation
before the Director of Education Basic, U.P. Lucknow respondent no. 2 on
21.6.2010 (annexure 3 to the writ petition).
In view of the aforesaid facts and circumstances, I consider it proper and
expedient in the interest of justice to dispose of the writ petition with the
direction to the respondent no. 2 to consider and decide the aforesaid
representation of the petitioner in accordance with law by a speaking order as
expeditiously as possible preferably within a period of one month from the
date of production of the certified copy of this order.
It is made clear that the Court has not expressed any opinion on the merits of
the case and it will be open for the respondent no. 2 to accord hearing to the
respondent no. 5 while deciding the aforesaid representation.
Petition stands disposed of.
Order Date :- 25.6.2010
SKS