Sarvesh Kumar v. State of U.P. Thru. Prin. Secy. Dairy Development Lko. and 2 Others

Court No. - 7 Case :- WRIT - A No. - 9042 of 2023 Petitioner :- Sarvesh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Dairy Development Lko. And 2 Others Counsel for Petitioner :- Pradeep Kumar Tripathi Counsel for Respondent :- C.S.C.,Shanker Lal Hon'ble Abdul Moin,J. Vakalatnama filed today in Court by Sri Lalit Shukla, Advocate on behalf of the respondent no. 2 be kept on record. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondent no. 1, Sri Lalit Shukla, learned counsel for the respondent no. 2 and Sri Shanker Lal, learned counsel appearing on behalf of the respondent no. 3. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided. Instant writ petition has been filed challenging the order dated 04.11.2023, a copy of which is annexure 1 to the writ petition whereby the petitioner has been transferred from Kanpur To Muzzafar Nagar and one Sri Sunil Kumar has been posted in his place. At the very outset, Sri Lalit Shukla, learned counsel for the respondent no. 2 states that Sri Sunil Kumar Singh has already joined in place of the petitioner about ten days back. This fact has also not been disputed by the learned counsel for the petitioner. Considering that the transfer order dated 04.11.2023 has already come into force and a perusal of the order impugned would indicate that prima facie no illegality emerges, the instant petition is disposed of leaving it open to the petitioner to submit a representation against his transfer after his joining at the transferred place. In case, such a representation is made along with certified copy of this order then the respondent no. 2 i.e Managing Director/Chairman (administrative Committee), Pradeshik Co-operative Dairy Federation Limited, 29 Park Road, Lucknow may consider the said representation in accordance with law within a further period of eight weeks from the date of submission of the representation. Order Date :- 23.11.2023 Pachhere/- High Court of Judicature at Allahabad, Lucknow Bench