Hon'ble Devendra Kumar Upadhyaya, J. - (1.) NOTICE of the writ petition has been accepted by Shri Shishir Jain, learned Standing counsel appearing for opposite party nos. 1 to 4, who prays for and is granted two weeks' time to file counter affidavit . One week's time thereafter shall be available to the learned counsel for the petitioner to file rejoinder affidavit, if he so desirous.
(2.) LIST after expiry of the aforesaid period. In respect of grant of interim relief, learned counsel for the petitioners submits that vide order dated 16.12.2011 as contained in Annexure no.1 to the writ petition, the Addl.General Manager(Agra Zone) has transferred the petitioner no.1 from Unit -I Kanpurto Agra Unit and by the same order, the petitioner no.2 has been transferred from, Unit -I Kanpur to Manpuri Unit, which order could not have been passed by the Addl.General Manager (Agra Zone) for the reason that any transfer order in respect of the petitioners could be passed by the Managing Director as it is the Managing Director who is the appointing authority of the petitioners.
(3.) LEARNED counsel for the petitioners also states that pursuant to the order dated 16.12.2011, the relieving orders dated 22.12.2011(Annexures 2 and 3 to the writ petition) were passed by the Addl.Project Manager, Unit -I, Kanpur relieving the petitioners from Kanpur for their joining at Agra and Manpuri respectively. Learned counsel for the petitioners further states that in fact the transfer order could have been passed by the Managing Director and not by the Addl.General Manager and the Managing Director while passing the formal transfer order dated 23.12.2011 (Annexure 4 to the writ petition) has acted unlawfully as he has not applied his mind while passing the transfer order.;