- (1.) HEARD learned counsel for the petitioner and learned Stand ing Counsel.
(2.) SUPPLEMENTARY counter affidavit filed by the State is taken on record. The present writ petition under Article 226 of the Constitution of India, has been preferred by the petitioner feeling aggrieved against the order dated 22. 5. 2008 contained in Annexure 1 to the writ petition by which he was transferred from. Chhata Mathura to Kushi Nagar. While assailing the impugned order, the learned counsel for the petitioner has drawn attention of this Court towards the Government order dated 22. 5. 2008 circulated by the Joint Secretary, providing that persons who are continuing on a post in pursuance of the interim order or orders of the High Court, shall be posted at the place of lower importance. Submission of the petitioner's counsel is that since the transfer is influenced by the condition No. 3 provided in the Government order dated 22. 5. 2008, it suffers from extraneous reasons and violative of Article 14 of the Constitution being arbitrary in nature.
(3.) AT the very outset, the learned CSC has submitted that the offending portion of the Government order dated 22. 5. 2008 has been withdrawn by the subsequent Government order/circular dated 23. 10. 2008 contained in Annexure SCA-2 to the supplementary counter affidavit keeping in view the observation of this Court on earlier date. We have heard the learned counsel for the parties and perused the record and proceed to decide the writ petition at this stage.;