Aloke Chakrabarti, J. - (1.) The petitioner came to this Court for commanding the respondent Nos. 2 and 3 to allow him to work as Pharmasisl in the Hospital in question and payment of salary with a contention that he had been transferred by an order dated 21.7.95 from Chandpur/Pilibhit to Mau. The said transfer order at Annexure-1 to the writ petition shows that the same was a mass transfer order wherein the petitioner's name is at serial No. 39. The petitioner contended that accordingly he handed over charge at Pilibhit and was relieved therefrom on 28.9.95 and he submitted his joining report at Mau on 4.10.95. It has been alleged in the writ petition that although the post was lying vacant there at Mau, the respondent did not allow the petitioner to work.
(2.) As in the aforesaid writ petition on 18.10.95, no interim order was passed and the respondents were granted time to file counter-affidavit, on 6.2.96 when the respondents did not file counter-affidavit, the matter was considered and interim order was passed directing the respondent No. 3 to permit the petitioner to join the place to which he was transferred in pursuance of Order dated 21.7.95.
(3.) The matter thereafter came for consideration and on the basis of facts stated in the counter-affidavit by order dated 7.1.97, the interim order dated 6.2.1996 was vacated on a finding that the petitioner made false averments as regard to the vacancy in the post of Pharmasist at Mau. The petitioner preferred an appeal, being Special Appeal No. 37/97 against the aforesaid order dated 7.1.97 and the said appeal was dismissed on 21.7.97 in terms of the observation made by the Division Bench while disposing of the appeal, the matter came for final hearing.;