Arvind Kumar Chaudhary v. State of U.P. Thru. Prin. Secy. Rural Development U.P. Lko. and Another

Court No. - 20 Case :- WRIT - A No. - 7573 of 2023 Petitioner :- Arvind Kumar Chaudhary Respondent :- State Of U.P. Thru. Prin. Secy. Rural Development U.P. Lko. And Another Counsel for Petitioner :- Rahul Roshan Dubey,Amit Kant Saxena Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties. Petition has been filed for following reliefs:- " (i) Issue a writ of certiorari or writ, order or direction in the nature of certiorari quashing the impugned order dated 26-09-2023 passed by opp. Party no.2, as contained as Annexure No.1 to this writ petition.

(ii) Issue a writ order or direction in the nature of mandamus directing the respondent no-2 to stay the transfer procedure held in pursuance of the order number as 610(1)/38-3-2023 issued on dated 23 May 2023, In light of the above mentioned order the opp. Party no-2 again passed an order bearing number 3091/STHA/TAINATHI -STHA/2023 dated 26-05-2023 for joining of the petitioner at new station and relieving order dated 16-06-2023 as contained as Annexure No.2 collectively to this writ petition.

(iii) Issue a writ order of direction in the nature of mandamus commanding the opposite parties specifically the opp. Party no-2 to post the petitioner at his respective District where he is posted prior to his promotion and allow the petitioner to render his service and post him to respective district where he is working and pay due salary from month of June 2023 till now in accordance with law. After arguments at some length, learned counsel for petitioner submits that he may be granted liberty to join his post in pursuance of the impugned order. In view of aforesaid, it is directed that petitioner shall be granted seven days time from today from effecting joining in pursuance of impugned orders. Opposite parties are directed to pay arrears of salary as well as regular salary as per petitioner's emolument as per rules. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 13.10.2023 prabhat High Court of Judicature at Allahabad, Lucknow Bench