A.N. Dikshita, J. - (1.) THE petitioner by means of this petition has challenged the order dated 2.7.1986 passed by Director, Harijan and Social Welfare (Directorate) U.P. Lucknow transferring her on administrative grounds from the post of Superintendent, Government Certified Home Sheokuti, Allahabad to the post of Superintendent, Government Certified Home, Faizabad. The petitioner is working on the said post at Allahabad w.e.f. 22 -10 -1977.
(2.) THE main grievance of the petitioner is that respondent No. 2 has no right or jurisdiction to pass orders for the transfer of the petitioner from Allahabad to Faizabad. Another grievance of the petitioner is that as early as 25.10.78 the respondent No. 2 passed an order directing that the petitioner be transferred to Uttarkashi. As the order was illegal and being in the absence of any justification a claim petition No. 817/S -3 of 1978 was preferred before the U.P. Public Services Tribunal, Lucknow which was admitted on. 3.11.1978 and an order staying the operation of the order transferring her from Allahabad to Uttarkashi was passed on 3.11.78 and by another order dated 8.11.78. Later on the order transferring the petitioner from Allahabad to Uttarkashi was withdrawn and cancelled by the respondents and the Tribunal was informed accordingly on 30.11.78 that the claim petition has become infructuous in view of the withdrawal/cancellation of the order transferring the petitioner to Uttarkashi. After withdrawal and cancellation of such an order passed another order dated 28.1.79 was passed transferring her to Agra. This was again resisted by the petitioner and the respondents stayed the operation of this order also. As the powers vested in the petitioner in respect of drawing and disbursing were withdrawn, the petitioner filed an application before the Tribunal which directed the maintenance of status -quo as existed on 8.11.1978. Another order was passed on 15.6.1983 transferring her to Faizabad but on representation by the petitioner it was stayed and later on withdrawn. Again another order transferring her from Allahabad to Kanpur was passed and it was again resisted by the petitioner but the same was again withdrawn. After a lapse of about three years from the order transferring her from Allahabad to Kanpur the impugned order of transfer dated 2.7.86 has been passed by respondents No. 2, transferring her from Allahabad to Faizabad, thus giving rise to this petition. A counter -affidavit has been filed by the respondent to which a rejoinder -affidavit has also been filed.
(3.) SRI Palok Basu learned counsel for the petitioner has urged that the respondents had no right or jurisdiction to transfer the petitioner in view of the claim petition filed as early as 1978 and more so when the Tribunal has ordered for maintenance of the status -quo -vide orders dated 29.1.79 and the order dated 2.7.79. He however, very fairly conceded that feeling aggrieved by the order of transfer dated 2.7.86 transferring the petitioner from Allahabad to Faizabad the matter can be agitated before the Tribunal for which a claim petition would be maintainable. With his straight forwardness she has also conceded that the power of granting stay which vested with the Tribunal earlier is no more subsisting in view of the amendment in the Act. He has thus submitted that the impugned order of transfer is liable to be quashed and in any case as the powers of granting stay against such an order is no more available with the Tribunal this court should pass suitable stay order as the claim petition in respect of her transfer from Allahabad to Uttarkashi is pending disposal before the Tribunal finally on 29.12.86.;