YOGESH KUMAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner was transferred from Lucknow to Dehradun by an order dated 31.3.1998 and thereafter by an order dated 26.10.1998, the petitioner was again transferred from Dehradun to Lucknow. The said order was challenged in Writ Petition No. 37211 of 1998 since been disposed of on 8.12.1998. In the said order dated 8.12.1998, the respondents were directed to consider the petitioner's representation, if made. The representation of the petitioner was rejected by an order dated 4.3.1999.

(2.) Mr. R. K, Pandey, learned counsel for the petitioner as sails these two orders dated 26.10.1998 and 4.3.1999 contained in Annexures- 4 and 9 respectively, on the ground that the petitioner's daughter is studying in High School and is appearing in the final examination from Dehradun. Therefore, he should not be transferred at this Juncture and he should be permitted till the examination of his daughter is over. He further contends that so far as the order dated 4.3.1999 by which his representation was rejected is concerned, the same does not contain any reason as to on which ground his representation was rejected. Since the order does not specify any reason the same is liable to be quashed and the respondents be directed to decide the question once again and pass appropriate order supported by reason.

(3.) Shri G. D. Mishra learned counsel for respondents, on the other hand, took a preliminary objection as to the maintainability of the writ petition on the ground that the respondents of whom the petitioner is an employee is a Co-operative Society against which no writ lies. Since such co-operative society is not a State within the meaning of Article 12 of the Constitution. He further contends that the petitioner is not governed by any statutory rules nor his services were governed by any statutory regulations as such the respondents not being State within the meaning of Article 12 of the Constitution and was not discharging any statutory or public duty in order to make it amenable to writ Jurisdiction. On these grounds he prays that the writ petition should be dismissed.