- (1.) B. K. Narayana, J. Heard learned counsel for the petitioner and Sri Jaideep Narain Mathur, learned Additional Advocate General, assisted by Sri N. C. Mehrotra, learned counsel for the opposite parties.
(2.) COUNTER and rejoinder affidavits have been exchanged and with the consent of the learned counsel for the parties, the writ petition is being finally decided at the admission stage. By means of the present writ petition, the petitioner has challenged the order dated 15. 11. 2008 (Annexure No. 9 to the writ petition) passed by the opposite party no. 2 by which the petitioner, who is holding the post of Secretary, has been transferred from Mandi Samiti, Kanpur to Mandi Samiti, Bharuwa Sumerpur. The brief facts of the case are that the petitioner was appointed on the post of Secretary, Grade-I for Grade "a" Special Mandi by order dated 25. 05. 1987 passed by Director, Mandi Parishad. Between 1987 and 1995, the petitioner was subjected to twenty transfers. The petitioner challenged his transfer as Sachiv Krishi Utpadan Mandi Samiti, Pratapgarh where he was posted in August 1995 to Mandi Samiti Maigalganj, District Kheri by filing Writ Petition No. 719 of 1996 before this Court, which was dismissed by this Court by order dated 01. 08. 1996. The petitioner challenged the order dated 01. 08. 1996 before the Hon'ble Supreme Court in Special Leave Petition No. 18847/96 in which an interim order was passed in favour of the petitioner whereby the transfer order was stayed by the Hon'ble Supreme Court vide its order dated 27. 09. 1996. The Special Leave Petition No. 18847/96 itself was decided by the Hon'ble Supreme Court vide order dated 02. 12. 1996 in which the Hon'ble Supreme Court taking a serious note of the frequent transfers to which the petitioner had been subjected observed as hereunder:- "on behalf of the petitioner it was pointed out that within nine years, he has been transferred twenty times from one place to another. It is well settled that transfer order can be issued in the public interest or under administrative exigency but we are of the opinion that such frequent transfers do not serve the public interest. Learned counsel appearing on behalf of the respondent assured that in future any transfer order in respect of petitioner shall be issued in accordance with the prevalent practice, procedure and order of High Court dated 20. 9. 1996 shall not stand in the way. "
(3.) HOWEVER, despite the assurance given by the opposite parties before the Hon'ble Supreme Court, the petitioner was again subjected to eleven inter districts transfers between 20. 06. 1997 to 20. 11. 2003. Details of the aforesaid transfers have been given by the petitioner in paragraphs-4, 5, 6, 7 and 8 of the writ petition. The order dated 20. 11. 2003 of the opposite party no. 1 transferring the petitioner from Mandi Samiti, Pilibhit to Mandi Samiti, Lalitpur was challenged by the petitioner by filing Civil Misc. Writ Petition No. 7627 (SS) of 2003 before this Hon'ble Court. This Hon'ble Court was pleased to grant interim relief to the petitioner in the aforesaid writ petition by an order passed on 03. 12. 2003 whereby implementation of the transfer order dated 20. 11. 2003 was stayed. HOWEVER, with a view to circumvent the interim order passed by this Hon'ble Court on 03. 12. 2003, the opposite party no. 1 purported to pass yet an other order on 03. 12. 2003 by which the place of transfer of the petitioner mentioned in the transfer order dated 20. 11. 2003 was changed to Mandi Samiti, Etah. Upon becoming aware of the order dated 03. 12. 2003 passed by the opposite party no. 1, the petitioner challenged the same before this Hon'ble Court in Writ Petition No. 7715 (SS) of 2003 in which this Hon'ble Court was again pleased to grant an interim order in favour of the petitioner on 09. 12. 2003 staying the operation of the order dated 03. 12. 2003 passed by the opposite party no. 1. The petitioner was transferred and posted at Mandi Samiti, Varanasi in the year 2006. By an order passed in August 2007, the petitioner was transferred from Mandi Samiti, Varanasi to Mandi Samiti, Faizabad. Yet, by another order dated 17. 05. 2008, the petitioner was transfered from Mandi Samiti, Faizabad to Mandi Samiti, Panwari (Mahoba ). The transfer order dated 17. 05. 2008 was challenged by the petitioner before this Hon'ble Court in Writ Petition No. 3705 (SS) of 2008. However, the Writ Petition No. 3705 (SS) of 2008 was dismissed as infructuous on the ground that the place to which the petitioner was transferred by order dated 17. 05. 2008 had been changed to Mandi Samiti, Kanpur on the request of the petitioner by an order dated 26. 07. 2008 passed by the opposite party no. 1. A copy of the order dated 26. 07. 2008 has been brought on record as Annexure No. 8-A to the writ petition. However, within four months of the petitioner's joining at Mandi Samiti, Kanpur, the opposite parties have by the impugned order again transferred the petitioner from Mandi Samiti, Kanpur to Mandi Samiti, Bharuwa Sumerpur, which is a Grade "c" Mandi Samiti.;