S.K. Dhaon, J. - (1.) Before 3.6.1988 the petitioner was posted as Supervisor Kanoongo at Allahabad. On 3.6.1988 the Joint Secretary, Government of U.P. sent a Communication to the Director of Urban Land Ceiling (hereinafter referred to as the Director) stating therein that one Sri Indra Bahadur Singh, a legislator, desired that the petitioner may be transferred to Varanasi. The Joint Secretary asked the Director to submit his report so that a proper reply may be given to the legislator. On 30.6.1988, the Director transferred the petitioner from Allahabad to Varanasi, on 8.9.1988 the Joint Secretary, Government of U.P. sent a communication to the Director stating therein that he had been directed to write to the Director that Sri Deo Raj Ram, respondent No. 4, may be detained at Varanasi till 31.3.1989 and the petitioner may be sent back to Allahabad. On 9.9.1988 the Director passed the order transferring the petitioner from Varanasi to Allahabad. This order of transfer is being impugned in the present petition.
(2.) The case of both the parties is that the Director alone had jurisdiction to pass the order of transfer. In this case, it is apparent that the State Government has been interfering and issuing directions to the Director from time to time either to transfer the petitioner from Varanasi to Allahabad or to detain respondent No. 4 at Varanasi. The result is that the petitioner has been made to run, like a shuttle cock, between Allahabad and Varanasi. He, therefore, rightly feels aggrieved. However, we are not in a position to grant him any relief in so far as the impugned order is concerned. The impugned order, as already stated, was passed at the be best of the Joint Secretary to the Government of U.P. The same is the position which regard to the order dated 30.6.1988 which was also passed at the behest of the Joint Secretary. We are of the opinion that both the orders viz. order dated 30.6.88 and the order dated 9.9.88 are bad orders. Since by order dated 30.6.88 the petitioner had been transferred from Allahabad to Varanasi and since under the impugned order the petitioner has been sent back from Varanasi to Allahabad the position, as it had obtained on or before 30.6.88, will come into existence if the impugned order of transfer is maintained.
(3.) Learned counsel for the petitioner has brought to our notice a subsequent Government order which, according to him, states that after 30th June, 1988, no transfer can be effected in the State. If there is such an order of the State Government, the Director will abide by the same and pass necessary orders thereon.;