SUDHIR AGARWAL, J. - (1.) HEARD Sri H.R. Misra, learned Senior Advocate, assisted by Sri K.M. Misra, learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) THE petitioner is aggrieved by the order dated 30.9.2009 (Annexure 8 to the writ petition) whereby the State Government has transferred him from district Gautambudh Nagar to Bulandshahar. The facts in brief giving rise to the present dispute are that the petitioner was appointed as Registration Clerk in the Registration Department of the State of U.P. on 24.11.1981. district Gautambudh Nagar was created vide notification dated 6.5.1997 issued under Section 11 of U.P. Land Revenue Act, 1901 bifurcating district Ghaziabad and district Bulandshahar. Thereafter, the petitioner was transferred and posted in district Gautambudh Nagar on 28.6.1997. On 13.7.2004, he was posted as Sub-Registrar III, Noida (district Gautambudh Nagar) and since then, is working as such till date.
(3.) IT is not disputed that home district of the petitioner is Ghaziabad. The recruitment and conditions of service of Registration Clerk are governed by U.P. Registration Department (District Establishment) Ministerial Service Rules, 1978 (hereinafter referred to as '1978 Rules') framed under proviso to Article 309 of the Constitution of India. Vide 1978 Rules, the appointing authority of Registration Clerk is Inspector General, Registration, U.P., Allahabad. It appears that Minister, Institutional Finance, Stamp, Court Fees and Registration, U.P. Government during the course of review of work at Bareilly, Meerut and Aligarh divisions found that there existed surplus Registration Clerks in some districts while in others they are deficit. Therefore, he sought information from the concerned Assistant Inspector General, Registration, U.P. to give the details of the sanctions strength of Registration Clerks in the concerned district, the persons actually working as also the requirement of the staff in the said district along with the detail of the home district etc. In compliance thereof, the Assistant Inspector General, Registration, Gautambudh Nagar vide his letter dated 25.6.2009 informed the Inspector General, Registration, U.P., Allahabad that the sanctioned strength of Registration Clerks at Gautambudh Nagar was 14 while actual number of Registration Clerks working in the said District was 22. He gave details of the 22 Registration clerks working in the District Gautambudh Nagar which included the name of the petitioner also. He also submitted that considering increase in the work etc., staff in District Gautambudh Nagar cannot be said to be in excess. However, for some Registration Clerks, he suggested rearrangement in different offices of District Gautambudh Nagar, which included the name of the petitioner also. He recommended that instead of office of Sub-Registrar III, Noida, he may be posted in the office of Sub-Registrar I, Noida.;