RAJIV SRIVASTAVA Vs. DIRECTOR RAJYAKRISHI UTPADAN MANDI

JUDGEMENT

(1.) B. K. Narayana, J. Heard learned counsel for the petitioner and Sri Jaideep Narain Mathur, learned Additional Advocate General, assisted by Sri N. C. Mehrotra, learned counsel for the opposite parties.

(2.) COUNTER and rejoinder affidavits have been exchanged and with the consent of the learned counsel for the parties, the writ petition is being finally decided at the admission stage.

(3.) HOWEVER, despite the assurance given by the opposite parties before the Hon'ble Supreme Court, the petitioner was again subjected to eleven inter districts transfers between 20. 06. 1997 to 20. 11. 2003. Details of the aforesaid transfers have been given by the petitioner in paragraphs-4, 5, 6, 7 and 8 of the writ petition. The order dated 20. 11. 2003 of the opposite party no. 1 transferring the petitioner from Mandi Samiti, Pilibhit to Mandi Samiti, Lalitpur was challenged by the petitioner by filing Civil Misc. Writ Petition No. 7627 (SS) of 2003 before this Hon'ble Court. This Hon'ble Court was pleased to grant interim relief to the petitioner in the aforesaid writ petition by an order passed on 03. 12. 2003 whereby implementation of the transfer order dated 20. 11. 2003 was stayed. HOWEVER, with a view to circumvent the interim order passed by this Hon'ble Court on 03. 12. 2003, the opposite party no. 1 purported to pass yet an other order on 03. 12. 2003 by which the place of transfer of the petitioner mentioned in the transfer order dated 20. 11. 2003 was changed to Mandi Samiti, Etah. Upon becoming aware of the order dated 03. 12. 2003 passed by the opposite party no. 1, the petitioner challenged the same before this Hon'ble Court in Writ Petition No. 7715 (SS) of 2003 in which this Hon'ble Court was again pleased to grant an interim order in favour of the petitioner on 09. 12. 2003 staying the operation of the order dated 03. 12. 2003 passed by the opposite party no. 1.