Constable Driver Deepak Mishra v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home U.P. Lko. and 6 Others

Court No. - 20 Case :- WRIT - A No. - 8777 of 2023 Petitioner :- Constable Driver Deepak Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And 6 Others Counsel for Petitioner :- Anil Kumar Yadav,Sanjay Yadav 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 challenging order dated 31st July, 2023 whereby relieving of petitioner in pursuance of transfer order issued earlier has been cancelled. It has been submitted that earlier vide order dated 18th May, 2023, petitioner who is working on the post of Constable (Driver) was transferred from S.D.R.F., Lucknow to U.P. 112, Itawa. It is submitted that aforesaid transfer order is still in existence but the petitioner is not being relieved in order to effect his joining at the place of transfer. Learned State Counsel on the basis of written instructions dated 6th November, 2023, which are taken on record submits that the transfer order dated 18th May, 2023 is still in existence and has not been rescinded or withdrawn till date. In view of aforesaid facts, the opposite party No.5 i.e. Commandant, State Disaster Response Force, Lucknow is directed to ensure relieving of petitioner in order to enble petitioner's joining in pursuance of transfer order dated 18th May, 2023. Such relieving shall be effected within a period of seven days from the date a certified copy of this order is produced before the concerned authority. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 8.11.2023 prabhat High Court of Judicature at Allahabad, Lucknow Bench