S.N. Agarwal, J. - (1.) THE petitioner has filed a writ petition seeking a mandamus commanding the opposite parties to treat the petitioner having been relieved from 10th January, 1984 and having joined the services at Etah from 11th January, 1984. The petitioner was working with the opposite party No. 2 as Junior Cleric and order of transfer was passed on 25th June, 1984, transferring him from Fatehpur to Etah. The petitioner did not immediately join there and on 10th July, 1984 he lodged a complaint with the S.P. and D.M. Fatehpur. He however reached Etah on 11th July, 1984 and requested the authorities to permit him to join his service. The Executive Engineer, Temporary Division No. II P.W.D. Etah (the respondent No. 3) however passed an order as there is no relieving order passed by the respondent No. 2 and therefore he cannot be permitted to join at Etah.
(2.) A counter -affidavit has been filed on behalf of the respondents and it has not been denied that the order of transfer was not passed. The petitioner was entitled to join at Etah on the basis of order of transfer. In case he had not taken any relieving order and some enquiry was to be conducted that could have been taken against him, but there was no justification for not permitting the petitioner to join his service at Etah. The petitioner was permitted to join at Etah by the Interim order passed by this Court on 18th September 1985, and the petitioner was allowed to work there. In the aforesaid circumstances the order passed by the respondent No. 5 dated 11th July, 1984 (Annexure 5) to the writ petition is quashed. The writ petition is allowed.;