D.P.S. Chauhan, J. - (1.) BY means of this petition, petitioner has approached this Court seeking relief for issuance of a writ of mandamus regarding payment of salary and allowances to him.
(2.) HEARD the learned counsel for the petitioner and learned Standing Counsel. Petitioner, who was working as Karyshala Sahayak in Ayodhogik Parsichhan Sansthan, Ghatampur, in Kanpur Dehat, was transferred vide order dated 16/19-4-1988 from Ghatampur to Lalitpur. The petitioner was not served with the transfer order as he was on leave with effect from 2_4-88 to 31 -5-1988 and after joining from the leave, he was informed about this transfer. The Addl. Director (Administration) wrote to joint Director, Prasichhan/Sishu, Industrial Training Institute, Kanpur regarding cancellation of the transfer order and petitioner was required to be present in the Directorate in that connection. The transfer has been made contrary to the Govt. orders and, therefore, he was not required to comply with the direction, Subsequently, vide letter dated 31-5-1988 the Addl. Director (Admn) wrote to the: Joint Director that the transfers which have been made are contrary to the Govt. orders and by this order the transfer of the petitioner was stayed. Learned counsel for the petitioner submitted that the transfer of the petitioner was stayed and on account of that the petitioner could not join at the place of his transfer and the respondent no 1 has not paid the salary to the petitioner. He submitted that the petitioner is entitled for the salary with effect from 13-5-1988.
(3.) LEARNED standing counsel submitted that the transfer order was not given effect to as the petitioner was on leave and on account of that the petitioner was not paid his salary. It has not been denied that the order dated 13-5-88 cancelling the transfer order of the petitioner was either vacated or was not in force. His submission is that as another person in place of petitioner joined, therefore. it was not possible to pay the salary to two persons. In annexure IV to the petition, which is letter of Addl. Director (Admn) it was written to the principal I. I. T. S. Ghatampur, in which it was stated that all the transfers have been cancelled and the transferred employee should not be relieved and joined at the place of transfers. This order clearly (indicates that when the transfer orders are cancelled then the persons has to remain at the place from where he was transferred In the present case, there is no fault on the part of the petitioner and nor which he cannot be deprived of his salary.;