(1.) Since the writ petition has been restored to its original number vide order of date, as requested and agreed by learned counsel for the parties, I proceed to hear the matter finally under the rules of the Court at this stage.
(2.) The order impugned in this writ petition is dated 8th June, 2005 whereby the petitioners working as Gateman, Government Press Allahabad have been transferred to Government Press, Rampur by Director, Mudran and Lekhan Samagri, U.P. Allahabad (hereinafter referred as "Director")
(3.) Sri B.N.Singh, learned counsel for the petitioner, contended that petitioners are class IV employees and therefore, cannot be transferred out of the District and in support thereof placed reliance on a Government Order dated 3404/Karmik-2/ 79 dated 4th October, 1979. He further contended that impugned order of transfer as a measure of victimization since petitioners used to oppose illegal activities of Employees/Trade Union leaders by not permitting them to commit any misconduct or any illegal action. The orders of transfer are, in effect, by way of punishment and therefore, vitiated in law. He contended that impugned orders are result of mala fide of one Jeet Lal, Gate Jamadar who made false complaint against petitioners resulting in initiation of departmental enquiry. He concluded his argument by stating that orders of transfer are neither in public interest nor on administrative grounds nor in the interest of administration but in utter disregard of Government Orders issued by respondent No. 1.