Pno. No. 60640068 Babloo Prasad and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home, Govt. U.P. Lucknow and 3 Others

Court No. - 20 Case :- WRIT - A No. - 9276 of 2023 Petitioner :- Pno. No. 60640068 Babloo Prasad And 2 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Govt. U.P. Lucknow And 3 Others Counsel for Petitioner :- Santosh Kr. Yadav Warsi,Rati Yadav Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. Heard learned counsel for petitioners and learned State Counsel appearing on behalf of opposite parties. Petition has been filed seeking a direction to opposite parties to relieve petitioners in pursuance of transfer order dated

16.06.2023, semi government order dated 23.12.2022 and circular dated 10.07.2023, 02.08.2023 and 03.11.2023. It has been submitted that petitioner no.1 (Babloo Prasad) was transferred from 27th Bn., Sitapur to District Basti, petitioner no.2 (Dharmendra Kumar) was transferred from 27th Bn., Sitapur to District Unnao and petitioner no.3 (Mohammad Juber) was transferred from 27th Bn., Sitapur to District Basti in public interest. It is submitted that despite aforesaid transfer orders having been issued, relieving orders pertaining to petitioners have not been issued till date despite directions for same dated 10.07.2023 (Annexure No.2). Learned State Counsel on the basis of instructions has submitted that transfer order dated 16.06.2023 is still subsisting and has not been recalled, withdrawn or modified till date and relieving orders are being issued on the basis of seniority. Considering the fact that the transfer order dated 16.06.2023 has been passed pertaining to petitioners in public interest and is yet subsisting, opposite parties are directed to ensure relieving of petitioners in pursuance of the said transfer orders within a period of one week from the date a certified copy of this order is produced before concerned authority. In view of aforesaid, petition succeeds and is allowed. Parties to bear their own costs. Order Date :- 13.12.2023 kvg/- High Court of Judicature at Allahabad, Lucknow Bench