S.N.SRIVASTAVA, J. - (1.) CHALLENGE in this petition is directed against the order dated 28.5.2003 whereby the order dated 31.12.2002 passed by the respondent No. 2 has been rescinded and aggrieved by the order aforestated, the petitioner has rushed to this Court for relief of quashing the impugned order and a writ of mandamus commanding the respondent No. 2 to levy implementation to the order dated 31.12.2002.
(2.) THE facts forming background to the present petition are that the petitioner applied to the General Manger, U.P. Power Corporation, Lucknow for his transfer from Electricity Distribution Division II, Rampur to Electricity Urban Distribution Circle Moradabad by means of application dated 18.9.2002. The transfer sought by the petitioner was premised on the ground that his wife was ailing and was being administered treatment at Moradabad and further that the petitioner was also afflicted with hear disease and also that his daughter was receiving education at Hindu College, Moradabad. It transpires from the record that consequent upon the receipt of the transfer order, the petitioner made application for being relieved from Rampur but at this stage, the concerned Executive Engineer did not relieve him in obedience to the transfer order and instead, he sought cancellation of transfer order by means of letter dated 14.5.2003 citing reason that no person has been posted in place of the petitioner and that the work of recovery is adversely affected due to disinclination being betrayed by him ever since the receipt of the order of his transfer. I have heard the learned counsel for the petitioner and Sri Nripendra Misra appearing for opposite party Nos. 2 to 5 and made sedulous scrutiny of the respective submissions.
(3.) THE learned counsel for the petitioner submitted that the ground cited in the letter dated 14.5.2003 that no person has been posted in his place and that the work of recovery is hampered is nothing but a fabric of lies and in connection with this proposition, he drew attention of the Court to Annexure 10 from a perusal of which it transpires that one Qamar Abbas was transferred to Rampur and he has already reported for duty at 33/11 K.V. Up. Sansthan, Rampur. It is further submitted by the learned counsel that in addition to the petitioner, four more Junior Engineers are already working at Rampur and by this reckoning, the ground cited to seek cancellation of the order of transfer is fallacious and has no substance and appears to have been propounded out of malice towards petitioner. He further submitted that as on date, there is no dearth of Junior Engineers and the shortage has been taken as an excuse to frustrate the transfer of the petitioner.;