AMAR BABU SRIVASTAVA Vs. STATE OF U P
LAWS(ALL)-2003-8-23
HIGH COURT OF ALLAHABAD
Decided on August 04,2003

AMAR BABU SRIVASTAVA Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Rakesh Tiwari, J. - (1.) Heard the counsel for the parties and perused the record. By means of this writ petition, the petitioner has challenged the order-dated 30.3.1998 by which his salary for the period 27.5.1987 to 27.10.1997 has been withheld.
(2.) The case of the petitioner is that he was working as Junior Division Clerk, N.C.C. Allahabad and subsequently he was made permanent. By the order-dated 22.5.87 he was transferred from Allahabad to Mirzapur, but the transfer order was not served upon him. Thereafter, the transfer order was published in the Newspaper "Amrit Prabhat" on 31.5.87, which was challenged by means of Writ Petition No. 10824 of 1987. The order of transfer was stayed by an interim order dated 24.6.1987.
(3.) The petitioner thereafter served the certified copy of the interim order on the respondent on 26.6.1987, but he was not permitted to join at Allahabad. The order of this Court passed in Writ Petition No. 10824 of 1987 is as under:- "Heard Sri S.K.Garg, learned counsel for petitioner and learned Standing Counsel. Petitioner has challenged the impugned order of transfer Annexure-1 to the petition by which he was transferred from Allahabad to Mirzapur. Petitioner is a Junior Division Clerk in NCC, which is transferable post, and hence this court cannot interfere in the transfer matter because transfer is an exigency of Government. However, I am informed that the petitioner is not being permitted to join either at Mirzapur or at Allahabad. I direct the authorities concerned to give the petitioner a posting within a month of production of a certified copy of this order before him. Petition is finally disposed of. Sd/-M.Katju,J. 24.4.1997.";


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