REHAN AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) SUPPLEMENTARY affidavit filed today be kept on record. Heard learned counsel for the petitioner 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 petitioner is that by the impugned order dated 16.06.2008 the petitioner has been transferred from tehsil Nawabganj to tehsil Haidargarh, district Barabanki and the opposite parties by orders dated 25.05.2009 and 30.05.2009 are proceeding ahead to enforce the transfer order. There appears to be no justification to enforce the orders after lapse of one year. 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 one year. Accordingly, the impugned transfer orders dated 16.06.2008, 25.05.2009 and 30.05.2009, as contained in Annexures-1, 2 and 3 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.