R.A.Sharma, J. - (1.) On the request of Sri W.H. Khan, learned counsel for the appellant, and Sri Hunuman Upadhyay, learned Standing Counsel, this appeal is disposed of finally.
(2.) The appellant who claims to be Junior Engineer in the Irrigation Department filed Writ Petition No. 24851 of 1996 before this Court challenging the order of his transfer dated 21st July, 1996. This writ petition was disposed of on 8th August, 1996 by a learned Single Judge with the observation As the petitioner has already represented against the impugned order of transfer, it is not necessary to go into the merits of the grounds on which it is challenged. The writ petition is, however, disposed of with the direction to the first respondent to decide the representation dated 26th July, 1996 ,in accordance with law expeditiously, at an early date preferably within a period of three week a certified copy of this order is filed by the petitioner before the said respondent."
(3.) The respondent, however, rejected the representation of the appellant against which the appellant filed another Writ Petition No. 29394 of 1996 which was disposed of by a learned Single Judge on 11th September, 1996, relevant portion of which is reproduced below: "It is settled law that the representation against the impugned transfer order can be filed only after the transfer order is passed and it is the solemn duty of the employer to decide the same after considering the grievances of the employee. Thus, in view of the above, respondent No. 1 is directed to redetermine the representation of the petitioner within a period of two weeks from the dated of production of a certified copy of this order.";