DILIP GUPTA, J. - (1.) THE petitioner who is a Class III employee in the Local Fund Audit Department is aggrieved by the transfer order dated 29th June, 2006 whereby he has been transferred from Allahabad to Saharanpur.
(2.) SRI S.D. Kautilya, learned counsel appearing for the petitioner submitted that the said transfer is against the transfer policy dated 15th May, 2008 framed by the State Government; that the transfer order has been passed because of the malafides of respondent no.3, R.V.S. Yadav, who is the Director, Local Fund Audit Directorate, Allahabad and that the said transfer has been made in order to accommodate private respondent no.4, Om Prakash Sharma. Learned Standing Counsel appearing for the respondent nos. 1 and 2 has supported the transfer order and has placed reliance upon various averments made in the counter affidavit which show that the petitioner has remained at Allahabad for a sufficiently long period. Sri C.B. Yadav, learned counsel for respondent no.4 has also supported the transfer order and has contended that he had made a request for transfer which request was acceded to by the Director on the recommendation made by the Assistant Director. I have heard learned counsel for the parties and perused the materials available on record.
(3.) IT is not in dispute that the petitioner holds a transferable Class III post. It is also not in dispute that the petitioner was appointed on 1st January, 1976 and was posted at Allahabad from 1st January, 1976 upto 29th June, 1988 whereafter he was transferred to Gonda, and Pratapgarh where he was posted upto 1991 but from 6th June, 1991 till the date of his transfer in June, 2008 he has again been posted at Allahabad.;