- (1.) By this writ petition, the petitioner has made the following prayer:- (A) To issue a writ, order or direction in the nature of certiorari quashing the order dated 19.11.2010, as contained in Annexure-1 to this writ petition. (B) To issue a writ, order or direction in the nature of mandamus commanding the opposite-parties to allow the petitioner to work and discharge duties on the post of Joint Director of Education, 6th Region, Lucknow and pay his salary regularly. (C)Any other order which is deemed just and appropriate in the nature and circumstances of the case be also passed in favour of the petitioner in the interest of justice along with cost of this writ petition.
(2.) The brief facts of the case are that by an order dated 3.3.2010, the petitioner was attached to the office of Director of Education (Secondary), Lucknow. The said order was challenged by the petitioner before this Hon'ble Court vide Writ Petition No. 496 of 2010 (S/B). The said writ petition was disposed of on 5.5.2010 by passing the following order:- "Shri Sanjay Bhasin, learned Additional Chief Standing Counsel, at the very out set submitted that as the petitioner has undergone kidney transplantation, he has been temporarily attached to the office of Director, Secondary Education, Camp Office, Lucknow. Learned counsel also submitted that there are serious allegations and thus the petitioner is facing a departmental proceeding. Learned counsel further submitted that the impugned transfer order was passed out of administrative exigencies otherwise normally as per Government policy, regular posting of the petitioner could not have been disturbed in the mid session. However, learned counsel on instructions made a statement before the Court that the State is contemplating to give a regular posting to the petitioner and the proposal is already in pipeline. Besides, from a careful perusal of pleadings of the writ petition it appears that the petitioner is presently 58 years of age and it would be his last posting. Normally, as per the Government policy, a Government servant is entitled to have the last posting as per his choice and in view of the fact that the petitioner has undergone a kidney transplantation, we hope that the State shall give him a posting of his choice within two weeks from the date of production of this order. With the aforesaid directions, this writ petition is disposed of."
(3.) In pursuance of the above mentioned order, the petitioner submitted the representation before the State Government that he should be allowed to continue as Joint Director, Secondary Education, Lucknow Region and his attachment to the camp office of the Director, Secondary Education, may be cancelled. The opposite-party has passed an order on 15.7.2010 for posting of the petitioner on the post of Joint Director (Education), 6th Region, Lucknow and the petitioner joined on the same day.;