RAM RAJ Vs. BASIC SHJIKSHA PARISHAD

JUDGEMENT

(1.) In the present case, the admitted facts are that by order dated 29th June 1993 (Annexure '1') issued by the Additional Director, Medical Health and Family Welfare, Gorakhpur Division, the petitioner, along with some other persons including respondent No. 4 Mohammed Ilyas were transferred. By reason of the said transfer order, the petitioner was posted at the District Hospital, Deoria in the post held by respondent No. 4 Mohammad Ilyas whereas the respondent No. 4 was transferred to the District Leprosy Control Unit, Deoria, in the post held by the petitioner. Both the District Hospital, Deoria and the District Leprosy Control Unit are situated within the same Municipal limits. The respondent No. 4 continued to serve in the District Hospital, Deoria for the last 27 years. By an order dated 3.7.1993 (Annexure '3'), both the petitioner and respondent No. 4 were released from their respective posts for joining the transferred posts. The petitioner was released by orders dated 5th July 1993 (Annexures '4' and '5') and joined his transferred post on 5th July 1993 (Annexure '6'), whereupon the petitioner was placed for duty in the Pathology Department (Annexure '7') where the petitioner started working since 6th July 1993 by submitting report (Annexures '8' and '9'). By an order dated 24th Aug. 1993 (Annexure '11'), the respondent No. 1 sought to cancel the transfer order dated 29th June 1993 issued by the respondent No. 3. It is this order which is the subject matter of challenge in the present writ petition moved by the petitioner Rameshwar Pandey and the respondent No. 4 Mohammad Ilyas, in his turn, defends the said order though Mohammad Ilyas had joined the post to which he was transferred.

(2.) By order dated 2nd Sept. 1993, Honourable R.A. Sharma, J., was pleased to allow the writ petition following the decision in the case of Smt. Beena Tripathi v, State of U.P., (1987 LCD 153) by quashing the impugned order dated 24, Aug. 1993.

(3.) The Special Appeal filed against the said order, however, was allowed by an order dated 2nd May 1995 in view of the Full Bench decision in Special Appeal No. 472 of 1994 delivered on 24th Jan. 1995 and the order dated 2nd Sept. 1993 was set aside and the writ petition was remanded to the learned Single Judge for disposal on merits.