- (1.) Heard learned counsel for the petitioner and the learned Standing Counsel representing the opposite party. The petitioner is a lekhpal. He was posted at Bhoginpur in Kanpur Dehat. By order dated 24-8-1996 passed by the Board of Revenue he was transferred from Bhognipur to Allahabad and he joined at Allahabad on 1-1-1997. The petitioner filed Civil Misc. Writ Petition No. 2110 of 1998 alleging that although he has joined on 1-1-1997 at Allahabad pursuant to his transfer, but he has not been paid his salary for the period from 1-1-1997 onward. The aforesaid writ petition was finally disposed of by judgment dated 20-1-1998 at the stage of fresh trial itself without granting any time to file counter affidavit. The relevant part of the judgment reads as follows :-"The writ petition is finally disposed of with the direction that the District Magistrate, Allahabad shall himself look into the matter and pass appropriate order for the release of the salary of the petitioner from the date the petitioner joined at Allahabad. Appropriate order shall be passed by the District Magistrate Allahabad, respondent No. 2 within a period of one month from the date a certified copy of this order is produced before him. In case the District Magistrate comes to the conclusion that the petitioner is (not?) entitled to salary he shall record reasons thereafter (therefor ?)."
(2.) A copy of the judgment dated 20-1-1998 is filed as Annexure 6 to the contempt petition. Pursuant to the said judgment, the Collector Allahabad passed an order dated 15-7-1998 a copy of which has been appended as Annexure C.A. 3 to the Counter Affidavit of the Collector Sri Alok Tandon. In the first paragraph it has been stated by the Collector Allahabad that Board of Revenueby its order dated 21-11-1997 has cancelled the transfer order of the petitioner dated 24-8-1996. Accordingly he has held that after cancellation of the transfer, the petitioner was not entitled to payment of salary for the subsequent period. Learned counsel representing the petitioner has submitted that once the petitioner has joined pursuant to the transfer order, the same could not have been cancelled and the only option available to the Board of Revenue was to pass fresh order of transfer of petitioner. He has also submitted that the ground of cancellation as appears from the record is that the post at Allahabad is stated to be reserved for S.C. S.T. candidates. According to the learned counsel it may be open to reserve certain posts out of the total posts in the cadre, or certain vacancies out of the total vacancies proposed to be filled in a particular selection, but in a cadre consisting of inter district transferable employees, reservation of particular post in a particular district cannot be done.
(3.) Having heard learned counsel for the petitioner as well as learned Standing Counsel, I am of the opinion that the question of validity of the transfer cancellation order cannot be examined in contempt jurisdiction of this Court. It can be examined in a writ petition where alone the cancellation, order if found illegal, can be quashed and consequent mandamus can be issued.;