S.H.A.Raza, I.P.Vasihth, JJ. - (1.) The factual matrix in short compass arising in this appeal is that the petitioners earlier preferred a writ petition No. 2964 (SS) of 1993 assailing the order of their transfer from I T. S., Mankapur, Gonda to Repair Centre New Delhi. The said writ petition was disposed of on 5th January, 1985, by means of which the petitioner were allowed to continue at Mankapur till 30th April, 1994 and a clear direction was also given to the petitioners to join at Repair Centre, New Delhi within first ten days of May, 1994.
(2.) Feeling aggrieved the petitioners preferred the Special Appeal against the said order passed by Hon'ble Single Judge. The said appeal was dismisses on 17-2-1994. Under the order passed by this Court the Petitioners remained at Mankapur upto 30th April, 1994 Meaning thereby that they availed the benefits of this order passed by Hon'ble Single Judge but did not comply with the direction which was given to them to join at New Delhi within first ten days of May, 1984. in the meantime the representation of the petitioners was rejected by the respondents as ordered earlier by this Court. The petitioners, thereafter, preferred another writ petition bearing No. 2790 (SS) of 1994, which was also dismissed on 19-5-1894.
(3.) Admittedly, the petitioners did not join at New Delhi in pursuance of the order passed in earlier writ petition. In the meantime the respondents are alleged to have served on the petitioners a show cause notice to join the said ports within a specified period otherwise their services will be dispensed with in accordance with the Standing Orders No. 15.7. As the petitioners failed to comply with the said notice, their services were dispensed with. The petitioners, thereafter, again approached this Court by filing the writ petition bearing No. 3151 (SS) of 1994. On 17-6-1994. the Hon'ble Single Judge of this Court was pleased to dismiss the writ" petition mainly on two grounds ; firstly that the petitioners did not come up with clean hands inasmuch as they failed to comply with the direction of this Court to join at Repair Centre, New Delhi within first ten days of May, 1994, although, they availed the benefits of the order passed by this Court, by means of which the court allowed them to remain posted at Mankapur till 30th April, 1994; secondly., the writ petition is not maintainable inasmuch as the petitioners have alternative remedy either to file Civil Suit before the Civil Court by challenging the vires of Standing Orders or to request' the State Government to refer the matter to the labour Court for adjudication.;