JAGDISH PRASAD Vs. UOI

JUDGEMENT

(1.) In this petition for a writ of certiorari, the petitioner has challenged an order dated 4th June, 2007 (Annexure P-10) whereby the petitioner was asked to side step and to act as Additional Officer in ESD. He has also prayed for a mandamus directing the respondents to re-instate him as Dy. Commandant (ESD) Delhi Cantt. till he completes his tenure in Delhi. A certiorari quashing an order dated 27th June, 2007 whereby the petitioner has been transferred and posted to Lucknow has also been prayed for.

(2.) When the matter came up before us for hearing yesterday, it was submitted by learned counsel for the petitioner that the petitioner would be satisfied in case he was retained in Delhi to complete his ordinary tenure, no matter at a place outside the establishment where he is presently serving. Ms. Gosain, learned counsel appearing for the respondent, therefore, sought time to take instructions whether such transfer and adjustment of the petitioner within Delhi area was feasible. Ms. Gosain, today submits on instructions that keeping in view the hardships which the petitioner has expressed on the domestic front, the respondents are ready and willing to cancel the transfer order of the petitioner for his retention in Delhi upto June, 2008 by which time, the petitioner should be completing his tenure of two years of posting in Delhi. She submits that the petition could, with an observation to that effect, be finally disposed of.

(3.) The offer of retention in Delhi till June, 2008 is acceptable to the petitioner. Learned counsel appearing on his behalf submits that the challenge to other order dated 4th June, 2007 (Annexure-P-10) could, in the light of new development, be taken as withdrawn and the petition disposed off.