MUKIMUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the learned Standing Counsel for the opposite parties, who prays for and is allowed six weeks time for filing counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter. List this case after expiry of the aforesaid period. The submission of the learned counsel for the petitioners is that by the impugned transfer orders dated 31.05.2009, 23.06.2007 and 28.06.2007 by which the petitioner no.1 has been transferred from Sultanpur to Kheri and the petitioner no.2 has been transferred from Sultanpur to Lucknow, the opposite parties are proceeding ahead to enforce the transfer orders. There appears to be no justification to enforce the orders after lapse of two years. The transfer orders are passed to meet out the exigencies of service in pursuance of the decision taken at a particular time. There is no reason to enforce the transfer orders after lapse of two years. Accordingly, the impugned transfer orders dated 31.05.2009, 23.06.2007 and 28.06.2007, as contained in Annexures-1 and 2 to the writ petition, shall remain stayed with liberty to the opposite parties to pass afresh order to meet out exigencies of service, if necessary.