A.N.Dikshita - (1.) THE instant application under section 12 of the contempt of court, 1971 has been filed by one Sri Ram Dhyan Ram Yadav against the State of U. P. through the Secretary, Irrigation Department, U. P. Lucknow, the Engineer-in-chief, Irrigation, U. P. Lucknow, Sri S. P. Mathur, Chief Engineer, Sone, Irrigation Department, Sigra, Varanasi, Sri Saifudujja, Superintending Engineer Irrigation works Circle, Sigra, Varanasi and Sri Lai Bahadur Singh, Executive Engineer, Irrigation works Circle, Chandra Prabha Division, Sigra, Varanasi.
(2.) THE facts encompassing the controversy, as disclosed in the petition, are that the applicant Ram Dhyan Ram Yadav was appointed as a Junior Engineer in Irrigation Department by Engineer-in-chief, U. P. Lucknow in the year 1977. Lateron, his appointment was approved by the U. P. Public Service Commission and in consequence thereof, he was confirmed to the said post in the department. A general order of transfer was passed by the opposite party no. 1 Engineer-in-chief and in the said order, transfer of one Junior Engineer, namely, Sri Ram Dhayan Ram Yadav was transferred by respondent no. 2 from Kanhar Nirman Mandal, Pipri to the Public Nalkoop Kand Kanpur. The opposite party no. 2 in pursuance of the said order directed the applicant Ram Dhayan Ram Yadav to the over charge in the Public Tube-well Circle, Kanpur. It is alleged by the applicant that in the aforesaid order of transfer dated 8-1-1985, the name of applicant does not find place though the name of one Junior Engineer Ram Dhan Yadav finds place at serial.
(3.) THE order dated 8-1-1985 passed by the opposite party no. 3 Chief Engineer was communicated to various authorities. It is further alleged that the opposite party no. 4 Superintending Engineer, Irrigation works circle, Sigra, Varanasi, arbitrarily, illegally and maliciously substiiuted the name of the applicant (Ram Dhyan Ram Yadav) in place Ram Dhan Ram Yadav, Junior Engineer. THE applicant on the basis of this order was relieved on 23-8-1985 and the charge was handed over. THE applicant was directed to join at Public Tube-well Circle, Kanpur in the same capacity. It is further alleged that on 1-9-1985 when the applicant went to join his duty at Kanpur, the Superintending Engineer, Public Tube-well Circle, Kanpur (Sri K. P. Singh) refused the applicant to join on the post on the grant that only Sri Ram Dhan Yadav is entitled to join the post the order passed by the opposite parties no. 2 and 3. Sri Singh further objected on the ground that the transfer relates to one Ram Dhan Ram Yadav, Junior Engineer Kanhar Nirman Mandal, Pipri while the applicant Ram Dhayn Kam Yadav is shown to belong to Irrigation Works Circle, Sigra, Varanasi. Any how, the Superintending Engineer Sri K. P. Singh did not allow the applicant to join on said post on the ground that his name is not Ram Dhan Yadav The applicant reported the refusal of the authorised application dated 25-9- 1985 praying for suitable or one applicant also moved an application on 4th of October, for the payment of his salary. Again the applicant sent application on 3-1-1986 to the concerned authorities payment of his salary but no action whatsoever was taken.;