RAM CHANDER JAISWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India for issuing the writ of certiorari quashing the order dated 29.3.2005 passed by the Secretary, Revenue as contained in Annexure-1 to this writ petition and the order dated 4.2.2005 passed by the Commissioner, Consolidation as contained in Annexure 2.

(2.) The petitioner is a Stenographer in the office of the Deputy Director of Consolidation, Faizabad. The services of the petitioner are governed by the U.P. Consolidation Department, Ministerial and Drawing Staff Services Rules, 1980 (hereinafter referred to as the 'Rules'). Earlier the petitioner was transferred from Faizabad to Ballia on administrative ground on 15.12.2000. The petitioner filed writ petition No. 337 (S/S) of 2001. His transfer was stayed by the interim order of this Court in writ petition No. 337 (S/S) of 2001. He has continued on the strength of that interim order at Faizabad. Admittedly, now this writ petition has become infructuous and it has been dismissed as per the statement of the learned Counsel for the petitioner on 5.5.2005.

(3.) Petitioner was again transferred on 4.2.2005 on the administrative ground by the Commissioner, Consolidation. Petitioner again challenged this order in writ petition No. 1052 (S/S) of 2005. This Court disposed of the writ petition finally on 9.2.2005. It was directed in the earlier judgment dated 9.12.2005 that the petitioner may approach the State of U.P. opposite party No. 1 and make a representation within a period of ten days from that date detailing therein his grievance. It was also provided that in case such a representation is made as aforesaid, the same shall be dealt with and decided by the opposite party No. 1 by speaking and reasoned order, within a period of eight weeks, thereafter. It was also provided that the petitioner shall not be compelled to join at Rae Bareli the new place of his transfer until such representation is decided.