SUKHPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned Standing Counsel representing the respondents no. 1 to 3 and Sri R. P. Pandey, holding brief of Sri B. D. Pandey, appearing for the respondent no.4. Pleadings have been exchanged between the parties and with the consent of the learned counsel for the parties, this petition is being finally disposed of. The petitioner, who is a Veterinary Pharmacist, while posted at Veterinary Hospital Sapnavat, District Panchsheel Nagar made an application for his transfer at Veterinary Hospital, Nistauli, District Ghaziabad due to family circumstances as the said post was going to fall vacant due to retirement of incumbent on 30.06.2012. Vide order dated 10.07.2012, Chief Veterinary Officer, Ghaziabad transferred the petitioner from Veterinary Hospital Sapnavat, District Panchsheel Nagar to Veterinary Hospital, Nistauli, District Ghaziabad and in compliance of the said order, the petitioner took over the charge on the said hospital on 19.07.2012.

(2.) IN the meantime, Joint Director vide order dated 16.05.2012 transferred the respondent no. 4, Om Pal Sharma, another Veterinary Pharmacist from Sapnavat to Ghaziabad. Subsequently, the Joint Director vide order dated 19.07.2012 modified the earlier order dated 16.05.2012 and posted the respondent no. 4 at Veterinary Hospital, Nistauli treating the post to be vacant though the petitioner had already taken over the charge of the said post on 19.07.2012. It is submitted by the learned counsel for the petitioner that Joint Director could have passed the order transferring the respondent no. 4 from one district to another. However, the placement within the district was within the jurisdiction of Chief Veterinary Officer, who posted the petitioner in the Veterinary Hospital, Nistauli and thus, on the date of passing of the order placing the respondent no. 4, there was no vacancy. Since the petitioner had already taken over the charge in compliance of the transfer order at Veterinary Hospital, Nistauli, there was hardly any reason or occasion to have modified the transfer order of respondent no. 4 and to place him in the said hospital where there was no vacancy.