S S TARIQ Vs. STATE OF U P

JUDGEMENT

(1.) The present writ petition is directed against an order dated 24.8.2005/31.8.2005 issued by the General Manager, Madhyaanchal Vidyut Vitaran Nigam Ltd., Bareilly. By the impugned order, the petitioners who were working on the post of Junior Meter Tester at Bareilly have been transferred to the post of sub Station Operator.

(2.) It is submitted that the grounds of challenge of the petitioner are firstly that they have been continuously working on the post of Junior Meter Testers and cannot be transferred to any other post and secondly the impugned order of transfer has been passed without grant of approval by the Independent Monitoring Committee constituted by Hon'ble the Supreme Court. It is stated that though the impugned order contains a recital to the effect that the said order of transfer has been issued with the approval of the Independent Monitoring Committee constituted by Hon'ble the Supreme Court, but the recital is incorrect as neither there exists any approval of the Independent Monitoring Committee for the transfer of the petitioners individually nor any approval for transfer of the persons appointed as Junior Meter Tester to the post of Sub Station Operator.

(3.) It is submitted that the requirement of such prior approval of the Independent Monitoring Committee flows from the judgment of Hon'ble the Apex Court rendered in Suresh Chandra Sharma v. Chairman, UPSEB and Ors. AIR2005 SC 2021 , 2005 (3 )ESC421 , [2005 (3 )JCR104 (SC )], JT2005 (11 )SC 72 , (2005 )3 SCC153 . A specific averment in regard to absence of such approval has been made in paragraph 32 of the writ petition.