Guman Mal Lodha, J. - (1.) JIALAL Kapur, the petitioner, is in employment of Hindustan Zince Limited, Udaipur. He was posted as Chief of Planning and Development (Mines) on February 5, 1973 and his service were terminated on February 6, 1974. The termination of services was challenged by the writ petition but, the writ petition was ultimately dismissed as withdrawn and the special appeal filed was also rejected.
(2.) THE petitioner then filed a suit which was decreed by the District Judge, Udaipur, on May 24, 1980. The order of determination was quasded and, ceciared void and, the following order was passed: The suit of the plaintiff against the defendant No. 1 is dismissed but it is, however, decreed against the defendant No.2 and with costs and it is further ordered as follows: (1) The order of termination passed by the defendant no. 2 on 6th February, 1974 was illegal & void and as such, it was ineffective as against the plaintiff. (2) The plaintiff will be deemed to have continued in service of the defendant No. 2 and as such, he shall be immediately reinstated on the same post on which he was working on 6th February, 1974 and he shall be entitled to claim all salaries and other benefits from that particular date till he joins back his duties. (3) The plaintiff has filed the suit for grant of damages amounting to Rs. 1,00,000/ - also but since his termination has been held to be void and his reinstatement has been ordered as such he shall be entitled to claim his salary and all other benefits and as such, if they happen to be m are than Rs. 1,00,000/ - then he shall pay proportionate court fees on the excess amount received by him. The petitioner joined duty of 4th August, 1980 as Chief of Planning and Development (Mines) in pursuance of the order dated 2nd August, 1980. Vide order (Ex./Ann. 1) dated the 28th April, 1982, the impugned order, the petitioner has been transferred to Rajpura -Dariba Mires as Chief Manager (TS) & he was ordered to move first for the transfer post and this transfer has been challenged in this present writ petition.
(3.) THE petitioner has made the following prayer: By an appropriate writ, order or direction the order of transfer of the petitioner dated 28.4.1982 (Ann. 1) may be declared illegal and quashed. Further by an appropriate writ, order or direction the respondent may be forbidden to give to the said order and if any order of transfer is given effect to during the pendency of this writ petition, the same may be quashed and the respondent may be directed to put back the petitioner on the same post as if the order of transfer has not been made with all consequential benefits in regard to pay, emoluments etc.;