R. B. Misra, J. - (1.) HEARD Sri H. R. Misra along with Sri K. M. Misra, learned counsel for the petitioner, and learned standing counsel for the State respondents.
(2.) COUNTER and rejoinder-affidavits have been exchanged, therefore, with the consent of learned counsel for the parties this writ petition is decided finally at this stage in view of the second proviso to Rule 2 of Chapter XXII of the Allahabad High Court Rules, 1952. In this petition prayer has been made for issuance of writ of certiorari quashing the order dated 29/30.6.2004 (Annexure-4 to the writ petition) so far as it relates to the petitioner passed by the District Magistrate, Azamgarh transferring the petitioner from Azamgarh to Meh Nagar by a general transfer order. On the oral prayer of learned counsel for the petitioner the subsequent transfer order dated 9.7.2004, was allowed to be challenged in the present petition. The brief facts necessary for adjudication of the writ petition are that the petitioner was initially selected and appointed as a Clerk in the Collectorate, Azamgarh in February, 1982 and at the relevant time was posted as Reader in the Court of Additional Magistrate (Second), Azamgarh. The service of the petitioner is governed by U. P. District Offices (Collectorates) Ministerial Service Rules, 1980 (hereinafter in short called as the 'Rules, 1980'). Rule 3 (a) of 'Rules, 1980' defines the appointing authority that in the case of Superintendent the appointing authority means the Commissioner of the Division and in the case of all other posts means the District Officer of the District, i.e., the District Magistrate, who is authorized to transfer the staff of the clerical cadre. Rule 27 of 'Rules, 1980' provides as under : "27. Transfers.-Transfer from one post to another in the same office shall be made by the District Officer. Transfer from one district to another in the same Division may be made by the Commissioner. Transfer from one Division to another may be made by the Board of Revenue or by mutual arrangement between the Commissioners of the concerned divisions with the approval of the Board of Revenue. In making these transfers the general policy laid down by the Government from time to time shall be followed."
(3.) IT appears that to regulate the transfer of subordinate ministerial cadre general transfer policy was promulgated and in reference thereto on 3rd March, 1983 an order (Annexure-2 to the writ petition) was issued, which reads as below : ...[VERNACULAR TEXT OMITTED]... Subsequently, in reference thereto on 3rd June, 2004, the Chief Secretary of State of Uttar Pradesh had issued a Government order/circular to all the Principal Secretaries/ Secretaries/Head of Departments of the State Government, para 10 of which provides as below : ...[VERNACULAR TEXT OMITTED]...;