- (1.) We have heard Sri R.C.Saxena assisted by Sri Gaurav Saxena, the learned counsels for the petitioner and the learned Standing Counsel for the respondents.
(2.) The petitioner was functioning as officiating Principal at Jhansi Ayurvedic College, Jhansi (hereinafter referred to as the College) in 1993. It transpires that one Dr. Zafiruddin Ansari filed a Writ Petition No. 7981 of 1992 (S/S) before the Lucknow Bench in which an interim order dated 23.12.1992 was passed. The operative portion of the order is extracted hereunder:- "This petition shall come up for hearing sometime in the month of February, 1993. Opposite parties Nos.1 and 2 in the meantime, but not later than 2 weeks from today, shall issue orders posting the petitioner, namely, Pr. Zafauddin Ansari on the post of Principal either at Varanasi of Haridwar or any where else where the post of Principal is available."
(3.) Based on this order, the State Government issued an order dated 03.03.1993 transferring Dr. Ansari as Principal of the College. By the said order, the petitioner was also directed to hand over the charge. The petitioner, being aggrieved by this order of transfer of Dr. Ansari, filed Writ Petition No. 8410 of 1993 in which an interim order was passed. For facility, the said order is extracted hereunder:- "Issue notice. The learned counsel for the petitioner has submitted that the petitioner was promoted to the post of professor on 21st January, 1985 while Dr. Zafaruddin Ansari, respondent no.4 was promoted to the said post on 4th June, 1987. If these facts are correct the petitioner will be entitled to hold the post of Principal at Bundelkhand Government Ayurvedic College, Jhansi. It is clarified that the transfer of Dr. Ansari respondent no.4 is not stayed. It will be open to the Government to retain Dr. Ansari at Jhansi as Professor.";