S.N.Srivastava, J. - (1.) The present petition has been filed for the relief of a writ of certiorari quashing the order of transfer on deputation contained in Annexure-1 and further a writ of mandamus commanding the opposite parties not to give effect to the order contained in Annexure-1. The petitioner Nos. 1 to 11 are serving on the post of Instructor. Foreman and Assistants under the Director, Government Central Textile Institute Kanpur, petitioners who are arrayed as petitioner Nos. 12 to 17 are serving on the posts of Instructors under the Director, Training and Employment U.P. Lucknow and petitioners who are arrayed as petitioner Nos. 18 to 22 are ministering on the posts of Lecturers under the Principal, Government Polytechnic, Kanpur.
(2.) A composite petition has been filed by all the petitioners canvassing the validity of the order 29.8.2002 passed by the District Magistrate/District Election Officer, Kanpur Nagar in respect of one Sri Raghunath arrayed as petitioner No. 1 in the instant petition whereby the afore stated petitioner has been deployed on election duties for the period of general election to the Legislative Assembly of Jammu and Kashmir scheduled to be held in four phases, i.e., on 16.9.2002, 24.9.2002, 1.10.2002 and 8.10.2002. The aforesaid deployment is studded with certain incentives and special remuneration enumerated in the order itself. It is stated by the learned counsel that similar orders have been made in respect of other petitioners also and to avoid bulk of the petition, they have not been annexed to the petition.
(3.) Main feature constitutive of the grievances of the petitioners is that the petitioners have been drafted for election duty in Jammu and Kashmir sans their consent and to prop up his contention, the learned counsel has placed credence on Government Order dated 19.11.1954. It has also been contended by the learned counsel that the names of the petitioners have been selectively picked out for deployment on election duty in Jammu and Kashmir.;