High Court

2. Both the writ petitions are being decided simultaneously as both the petitions involved the transfer to the petitioner.

3. It has been submitted by counsel for the petitioner that the petitioner was working on the post of Gram Panchayat Adhikari in Block - Haidergarh, Barabanki and he was transferred by order dated 28.07.2023 to Block - Suratganj, Barabanki. Against the said order, the petitioner has filed writ petition before this Court being Writ - A No.5708 of 2023 and this Court by means of interim order dated 18.08.2023 has stayed the operation of the order dated 28.07.2023 after recording the fact that after the end of the transfer session, the transfer order can be passed only after approval of the Departmental Minister and in the present case, the order has been passed by the District Magistrate.

4. Subsequently, in the next year, again the petitioner was subjected to transfer by means of order dated 15.07.2021, whereby the petitioner was transferred from Gazipur to Barabanki. Again the petitioner had approached this Court by filing a writ petition being Writ - A No.5202 of 2024 and an interim order dated 15.07.2024 was passed after recording the fact that the previous order of transfer dated 28.07.2023 has already been stayed by this Court and without moving any application in the previous writ petition and during subsistence of the interim order 18.08.2023, the respondents could not pass an order and accordingly, the fresh order of transfer dated

29.06.2024 was stayed by means of order dated 15.07.2024.

5. Respondents have filed counter affidavit and has also prayed for application for vacating the interim order. In the counter affidavit, it has been recorded that the petitioner while discharging his duties as Gram Panchayat Adhikari in Block - Haidergarh, Barabanki, his work and behaviour was not found upto the standard and numerous opportunities were given to him to improve his working. It has also been stated that numerous complaints were also received against the petitioner and accordingly, it is in the interest of administration that the order of transfer date 28.07.2023 was passed.

6. Number of letters have been annexed from Annxure Nos. C.A.-12 to C.A.18 which are the communications made to the petitioner with regard to his working at Block - Haidergar, Barabanki and asking explanations from the petitioner and it is in the aforesaid circumstances and looking into the nature of complaints against the petitioner that he was transferred. It is further stated that the subsequent order dated 26.06.2024 has been assailed mainly on the ground that the previous interim order was operating in favour of the petitioner. Accordingly, a prayer was made for vacation of the interim order and dismissal of the writ petition.

7. It is noticed that the petitioner, who is working on the post of Gram Panchayat Adhikari in District - Barabanki, was posted at Block - Suratganj where firstly he was transferred on

28.07.2023. The ground taken by the petitioner was that the approval of the concerned Minister had not been taken but the District Magistrate approval was there on record. It was stated that guidelines provided for the taking of approval of the concerned Minister. It seems that it is due to the procedural lapse by interference of this Court, both the respondents were called for and the order of transfer was stayed.

8. On the other hand, substantial material has been adduced by the respondents in the counter affidavit disclosing that there were numerous complaints against the petitioner and despite being given numerous opportunities to improve his working, no effort was made by him to improve and accordingly, resulted transfer of the petitioner from one block to another.

9. Accordingly, the petitioner has remain posted at Block - Haidergarh from 15.07.2021 till date. There is no dispute with regard to the fact that normal posting any block is of three years which the petitioner has completed.

10. Accordingly, even otherwise considering the fact that the tenure of the petitioner has been completed during the pendency of this petition, the petitioner would not have any grievance, in case he is transferred on completion of normal tenure. It is submitted that in pursuance of the transfer orders, the petitioner continues to work at Block - Suratganj but he has submitted that neither he is being paid a salary nor has he been allotted any work.

11. Accordingly, it would not be justified to keep the present petitions pending for long time. Accordingly, with the consent of the parties, the petition is being disposed with liberty to the respondents to pass a fresh order of transfer in accordance with law. It is provided that in case, the petitioner joins in pursuance to the fresh order of transfer, the liberty is given to the petitioner to give a representation for payment of his salary and other service dues. In case, such a representation is made to the opposite party no.4, District Panchayat Raj Officer, Barabanki, he shall proceed to consider and pass necessary orders thereof. In case, the petitioner is found to be entitled for payment of salary along with arrears and other service dues, it shall be paid to him with expedition. Let a fresh order be passed ignoring the previous orders impugned in the present petitions within a period of four weeks from the date of certified copy of the order is produced before him. Interim orders are vacated.

12. With the aforesaid directions, the writ petition is disposed of. Order Date :- 24.2.2025 KR [Alok Mathur,J.]

2. Both the writ petitions are being decided simultaneously as both the petitions involved the transfer to the petitioner.

3. It has been submitted by counsel for the petitioner that the petitioner was working on the post of Gram Panchayat Adhikari in Block - Haidergarh, Barabanki and he was transferred by order dated 28.07.2023 to Block - Suratganj, Barabanki. Against the said order, the petitioner has filed writ petition before this Court being Writ - A No.5708 of 2023 and this Court by means of interim order dated 18.08.2023 has stayed the operation of the order dated 28.07.2023 after recording the fact that after the end of the transfer session, the transfer order can be passed only after approval of the Departmental Minister and in the present case, the order has been passed by the District Magistrate.

4. Subsequently, in the next year, again the petitioner was subjected to transfer by means of order dated 15.07.2021, whereby the petitioner was transferred from Gazipur to Barabanki. Again the petitioner had approached this Court by filing a writ petition being Writ - A No.5202 of 2024 and an interim order dated 15.07.2024 was passed after recording the fact that the previous order of transfer dated 28.07.2023 has already been stayed by this Court and without moving any application in the previous writ petition and during subsistence of the interim order 18.08.2023, the respondents could not pass an order and accordingly, the fresh order of transfer dated

29.06.2024 was stayed by means of order dated 15.07.2024.

5. Respondents have filed counter affidavit and has also prayed for application for vacating the interim order. In the counter affidavit, it has been recorded that the petitioner while discharging his duties as Gram Panchayat Adhikari in Block - Haidergarh, Barabanki, his work and behaviour was not found upto the standard and numerous opportunities were given to him to improve his working. It has also been stated that numerous complaints were also received against the petitioner and accordingly, it is in the interest of administration that the order of transfer date 28.07.2023 was passed.

6. Number of letters have been annexed from Annxure Nos. C.A.-12 to C.A.18 which are the communications made to the petitioner with regard to his working at Block - Haidergar, Barabanki and asking explanations from the petitioner and it is in the aforesaid circumstances and looking into the nature of complaints against the petitioner that he was transferred. It is further stated that the subsequent order dated 26.06.2024 has been assailed mainly on the ground that the previous interim order was operating in favour of the petitioner. Accordingly, a prayer was made for vacation of the interim order and dismissal of the writ petition.

7. It is noticed that the petitioner, who is working on the post of Gram Panchayat Adhikari in District - Barabanki, was posted at Block - Suratganj where firstly he was transferred on

28.07.2023. The ground taken by the petitioner was that the approval of the concerned Minister had not been taken but the District Magistrate approval was there on record. It was stated that guidelines provided for the taking of approval of the concerned Minister. It seems that it is due to the procedural lapse by interference of this Court, both the respondents were called for and the order of transfer was stayed.

8. On the other hand, substantial material has been adduced by the respondents in the counter affidavit disclosing that there were numerous complaints against the petitioner and despite being given numerous opportunities to improve his working, no effort was made by him to improve and accordingly, resulted transfer of the petitioner from one block to another.

9. Accordingly, the petitioner has remain posted at Block - Haidergarh from 15.07.2021 till date. There is no dispute with regard to the fact that normal posting any block is of three years which the petitioner has completed.

10. Accordingly, even otherwise considering the fact that the tenure of the petitioner has been completed during the pendency of this petition, the petitioner would not have any grievance, in case he is transferred on completion of normal tenure. It is submitted that in pursuance of the transfer orders, the petitioner continues to work at Block - Suratganj but he has submitted that neither he is being paid a salary nor has he been allotted any work.

11. Accordingly, it would not be justified to keep the present petitions pending for long time. Accordingly, with the consent of the parties, the petition is being disposed with liberty to the respondents to pass a fresh order of transfer in accordance with law. It is provided that in case, the petitioner joins in pursuance to the fresh order of transfer, the liberty is given to the petitioner to give a representation for payment of his salary and other service dues. In case, such a representation is made to the opposite party no.4, District Panchayat Raj Officer, Barabanki, he shall proceed to consider and pass necessary orders thereof. In case, the petitioner is found to be entitled for payment of salary along with arrears and other service dues, it shall be paid to him with expedition. Let a fresh order be passed ignoring the previous orders impugned in the present petitions within a period of four weeks from the date of certified copy of the order is produced before him. Interim orders are vacated.

12. With the aforesaid directions, the writ petition is disposed of. Order Date :- 24.2.2025 KR [Alok Mathur,J.]