- (1.) Heard Sri S.K. Kalia, learned Senior Advocate assisted by Sri V.B. Kalia, Advocate for the petitioners and Mrs. Sangita Chandra, learned Additional Chief Standing Counsel for the respondents.
(2.) By means of present writ petition, the petitioners are assailing the orders passed by the Commissioner, Commercial Tax dated 27.06.2008, by which the petitioners have been sent back to Lok Nirman Vibhag (parent department) where the petitioners had been substantively appointed. The petitioners also prayed that they be allowed to work on the post of Assistant Commissioner (Commercial Tax) in the Commercial Tax Department and a further writ of mandamus has also been sought for seeking directions to the respondents to consider and absorb the services of the petitioners in Commercial Tax Department on the post of Assistant Commissioner with effect from the date the services of the petitioners were transferred to the Commercial Tax Department i.e. 10.09.2001.
(3.) The order dated 27.06.2008 has been challenged on the ground that the same has been passed in a most illegal, arbitrary and malafide manner just to deprive the petitioners from being considered for their merger in the Trade Tax Department and the reasons assigned in the impugned order for repatriation of the petitioners to the Public Works Department (here-in-after referred to as the P.W.D.) on non-availability of post in the Commercial Tax Department are based on unfounded reasons as several posts of Assistant Commissioner are still lying vacant and the respondent no.4 has passed the impugned order without their being any jurisdiction to take decision in the matter as the State Government is the appointing authority of the petitioners and the decision to transfer the services of the petitioners was also taken by the State Government way back in the year 2000-01.;