RAN VIJAI SINGH,IFAQAT ALI KHAN,J. - (1.) We have heard Sri Rakesh Pandey, learned counsel for the petitioners and Sri J.P.N. Raj, learned Chief Standing Counsel-IV for the State - respondents.
(2.) By means of this writ petition, the petitioners, who are 19 in numbers and are working as Additional Statistical Officers in different districts in the State, have prayed for issuing a writ of certiorari quashing the transfer order dated 5.7.2017 passed by the Special Secretary, Micro, Small and Medium Enterprises Department, U.P., Lucknow, by which the petitioners have been transferred at different places.
(3.) While entertaining this writ petition, on 17.7.2017, following order was passed by this Court: "Supplementary affidavit filed today is taken on record. We heard heard Sri Rakesh Pande, learned counsel for the petitioner. The petitioners claim themselves to be the Additional Statistical Officers and have approached this court to issue a writ of certiorari quashing the order dated 5.7.2017 by which the petitioners who fall at serial no. 17, 11, 36, 38, 52, 31, 28, 26, 35, 46, 2, 3, 41, 47, 40, 14, 33 and 6 have been transferred to different places. Submission of the counsel for the petitioner is that under the Government Policy, the transfer order can be passed by the competent authority of the department. In his submission in view of Rule 5-C, the appointing authority for the post of Additional Statistical Officer happens to be Additional Director and Director happens to be departmental head. Here in this case the power of transfer has neither been exercised by the departmental Head nor by the appointing authority, therefore, it is without jurisdiction. The counsel for the petitioner has further argued that even if it is assumed that the transfer order has been passed by the higher authority then it will amount a colourable exercise of law. Learned Standing Counsel is directed to seek instructions in the matter within three days. ";