LAWS(ALL)-2008-12-97

SARYU PRASAD Vs. STATE OF U P

Decided On December 11, 2008
SARYU PRASAD Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard SriShatrohan Lal,the learned counsel for the petitioner and the learned Standing counsel for the respondents 1 and 2. By the order dated 25. 6. 2008, the petitioner was transferred from Kolkatta to Devi Patan Region, Gonda on administrative ground. In compliance of the transfer order, the petitioner submitted his joining on 27. 6. 2008. The respondent No. 3, who was transferred from Gonda to Kolkatta made a representation before the State Government and also filed a Writ Petition in this Court, which was decided on 8. 7. 2008 and thereafter, the representation of the opposite party No. 3 was rejected by the competent authority by the order dated 10. 7. 2008. The opposite party No. 3 thereafter challenged the order dated 10. 7. 2008 as well as transfer order in Writ Petition No. 898 (SB) of 2008, which was disposed of by the judgment and order dated 16. 7. 2008 and in compliance of the order passed by this Court, the representation of the opposite party No. 3 was considered by the competent authority and it was allowed and the transfer order dated 25. 6. 2008 of the opposite party No. 3 was cancelled. The record also reveals that options were given by the opposite party No. 3 for his posting at other places in the State of U. P. which are nearer to his home town. The petitioner in compliance of the impugned order dated 12. 9. 2008 has again joined at Kolkatta. Since the petitioner has already submitted his joining in compliance of the order dated 12. 9. 2008 at Kolkatta, no interference is required by this Court. However, it will be open for the petitioner to make a fresh representation to the competent authority within two weeks from today and if such a representation is made, the same shall be considered and disposed of by the competent authority sympathetically within four weeks from the date a certified copy of this order is produced. With the above observations and directions, the writ petition is finally disposed of. .