- (1.) HEARD Sri Ashutosh Yadav, learned counsel for the petitioner, Sri G.K. Singh, learned senior counsel assisted by Sri Girijesh Tiwari, for respondent No.7 and Sri Prem Prakash Yadav, learned counsel for the respondent No.4.
(2.) AS the facts of the case are apparent and the contesting respondents are already represented before this court, therefore, I proceed to decide the writ petition at the admission stage itself.
(3.) THE petitioner and the respondent No.7 have been vying for being posted as Senior Assistant in the office of Basic Shiksha Adhikari, Bijnor and have been using all possible means to facilitate such posting. Both of them are Senior Assistants in the Education Department. Vide order dated 15.01.2014, the petitioner, Sri Ashok Kumar Yadav, who was posted in the District Education and Training Institute, Ismailpur, Bijnor was transferred and posted in the office of District Basic Education Officer, Bijnor in place of the respondent No.7. The respondent No.7 challenged the aforesaid order of transfer before this court by filing Writ Petition No.8123 of 2014, Raghunandan Vishnoi Vs. State of U.P. and others. This court did not find any valid ground for interference in the matter, but, considering the averments relating to his health related hardships, he was permitted to approach the authorities by filing a representation, which was to be decided within 15 days and for this limited period, he was allowed to stay at his current posting, i.e. in the office of B.S.A., Bijnor. The writ petition was accordingly disposed of on 14.02.2014. On 17.02.2014, the respondent No.7 submitted a representation pursuant to the judgment dated 14.02.2014. Thereafter, he filed Special Appeal No.242 of 2014 on 04.03.2014 challenging the judgment of the Single Judge of this court dated 14.02.2014 referred to hereinabove. The division bench of this court did not find any ground for interference with the judgment of the learned Single Judge. Accordingly, the appeal was dismissed on 11.03.2014. The representation of the respondent No.7 dated 17.02.2014 was considered and decided by the Additional Director of Education (Basic), U.P., Allahabad vide order dated 29.05.2014, wherein, it was inter alia stated that he had remained posted in the office of the Basic Eduction Officer, Bijnor for more than 17 years, i.e. from 01.08.1995 to October, 2012, therefore, he had rightly been transferred out of the said office, however, considering his health condition, order dated 15.01.2014 was modified to the extent that he was posted in the office of District Inspector of Schools, Bijnor, which was at a stone's throw distance from the office of B.S.A., Bijnor.;