- (1.) By means of the present writ petition, the Petitioner has challenged the order, dated 31-12-1991. filed as Annexure '3' to the writ petition transferring the Petitioner from Azamgarh Depot to Dehradun Hill Depot.
(2.) The aforesaid transfer order has been challenged by the Petitioner mainly on the following grounds: Firstly that the order of transfer has been passed in violation of the instructions, dated 29-9-1989 issued by the U.P. Road Transport Corporation (hereinafter referred to as the U.P.S.R.T.C.). Secondly, that the transfer order has been passed on the basis of the complaint made against the Petitioner and as such the transfer order is an order ot punishment and the same has been passed without affording any opportunity of hearing or show cause to the Petitioner. Secondly, that the transfer order is in effect the order of diminution of the Petitioner from the post of the fitter to the post of Mazdoor. The said order of punishment and the same has been passed without affording any opportunity of hearing or show cause to the Petitioner is bad in law, and Fourthly, the Petitioner being a IV class employee could not have been transferred in view of the decision of the Supreme Court in B. Varadha Rao v. State of Karnataka, 1986 AIR(SC) 1955.
(3.) Necessary facts, in brief, are as under: The Petitioner was initially appointed as Mazdoor on daily wages basis from year 1978 and later on was appointed on regular basis from 9-7-1980 at Donri Ghat Depot, Azamgarhi The Petitioner was transferred at Azamgarh Depot. Azamgarh on 3-3-1981 as Mazdoor. Since the year 1981 to the date of the order of transfer, the Petitioner had continued to work at Azamgarh Depot. The Petitioner alleges that the Petitioner is the president of the Union, namely Uttar Pradesh State Road Transport Corporation Employees Union, Depot Ajamgarh and was elected as president in the month of April, 1990 and continued to hold the said office on the date the order of transfer was passed The Petitioner was promoted to the post of Fitter by an order dated 31-12-1991 the date on which the transfer order has been passed against the Petitioner. The Petitioner was promoted as Fitter by the Service Manager, UP S.R.T.C. Azamgarh. In the transfer order which has been communicated from the office of the General Manager (Administration) Lucknow on the same date i.e., 31-12-1991, the Petitioner has been described as Mazdoor. On the basis of the aforesaid order, the Petitioner contended that since he was promoted as Fitter, he could not have been transferred as Mazdoor.;