KRISHAN CHAND AND OTHERS Vs. STATE AND OTHERS

JUDGEMENT

(1.) None appears in this matter for several hearings beginning from 20.02.2015 and the matter was adjourned from time to time but in the meanwhile, it appears from a Certificate produced by respondent-counsel that petitioner No.1 Krishan Chand died on 12.10.2015, so the proceedings insofar as petitioner No.1 is concerned abates.

(2.) Respondents' counsel relies upon Full Bench Judgment passed by this Court in SWP No.1476/2014 titled "Syed Hilal Ahamd and ors. Vs. State and ors." decided on 31.08.2015. Relevant portion of the judgment reads as follows:

(3.) In view of the said decision which is binding on this Court, the petitioners cannot continue the same post by virtue of interim order of this Court. Since the transfer in the present case is of the year 2013 and more than three years have already gone, the petitioners 2 to 4 can at best continue if they make a request to the Department concerned for retention in a particular place subject to relevant rules in this regard. They are entitled to make a representation, if they choose to. The relief of quashing the transfer order at this point of time has no relevance as it is pointed out by respondents' counsel that petitioner Nos.2 to 4 have joined the transferred place of posting and she has instructions to say so and the same is recorded.