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.";
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.