SHISHIR KUMAR, J. - (1.) THE present writ petition has been filed for quashing the order impugned dated 17. 10. 2007 passed by Chief General Manager (Personnel), U. P. State Roadways Transport Corporation Ltd. , (in short UPSRTC) Annexure 31 to the writ petition and consequential order dated 18. 10. 2007 passed by Assistant Regional Manager, UPSRTC, Hathras Depot, Hathras, Annexure-32 to the writ petition.
(2.) THE petitioner is an employee of the respondent- Corporation and all the service conditions of the petitioner are governed by UPSRTC Regulations 1981. The petitioner alleged to be President of the Union submitted that due to the malafide inaction of the respondents, the petitioner has been transferred from one district to another. The petitioner alleges certain malafides against respondent No. 2 who is working as Assistant Regional Manager,, UPSRTC, Hathras Depot, Hathras. It has further been submitted by the learned counsel for the petitioner that a majority of the employees of Hathras Depot had made complaint with regard to respondent No. 2 for taking money while granting leave or while allotting bus and on all issues the Assistant Regional Manager does not give approval till money is not paid to him. An agreement was arrived at between the Union and the employees dated 11. 5. 2007 which includes that previous agreement dated 28. 9. 2006 was to be complied with and there was an agreement that vehicle has to be operated as per the age of the vehicle and the polity of head-quarter source; that per hour running of the vehicle or bus will depend upon the conditions of the bus. A notice was given by the Union to the respondent No. 2 on account of noncompliance of the agreement dated 11. 5. 2007. On 5. 10. 2007 all the employees of the Hathras Depot went on strike. Various other allegations have been made against the respondent No, 2 and other officers including respondent No. 6.
(3.) THE petitioner submitted that due to the aforesaid fact the petitioner has been transferred by order dated 17. 10,2007 in public interest from Hathras Depot, Aligarh to Deoria Depot, Gorakhpur, It has also been contended by the petitioner that the petitioner being an office-bearer of the Union which is a registered and has been recognised, cannot be transferred till the petitioner is having the said post. Therefore, the order of transfer is based on malafides as well as against the norms of the respondents and the same is liable to be quashed. Further submission has been made that it is a mid term transfer, therefore, in view of the guide lines issued by the State Government from time to time, mid term transfers are not permitted.;