Hon'ble Devi Prasad Singh, J. - (1.)The petitioners who are working as Amin and Ahalmad in various district in State of U.P., have approached this Court under Art. 226 of the Constitution of India against the impugned order of transfer by which they have been transferred from one district to other district.
(2.)In brief, the submission of the petitioners' counsel is that the post of Amin and Ahalmad is of district level cadre. Accordingly, the petitioners could not have been transferred to other district. Admittedly, the petitioners' case is covered by Service Rules, namely U.P. Land Acquisition (Revenue Department) Ministerial Service Rules, 1993, in short '1993 Rules'. Attention of this Court has been invited to the Government Order dated 28.4.1992 which shows that the government has declined to create State Level Cadre post for Amins and Ahalmad. The petitioner has also relied upon the Government Order dated 12.7.1995 which shows that the post of Amin and Ahalmad shall be a post of district level cadre. Accordingly, the submission is that the impugned order of transfer has been passed in violation of the service rules and the petitioner cannot be transferred outside the district.
(3.)On the other hand, Mr. Jai Shanker Mishra, learned Standing Counsel while defending the impugned order states that the Government Order dated 29.4.1992 was issued prior to the notification of 1993 Rules. It has also been stated that the Government Order dated 12.12.1995, relied upon by the petitioners' counsel mis-construed the rules and it has been issued without considering the effect of service rules. He has also invited attention of this Court to various provisions of 1993 Rules while advancing his arguments with a statement that the posts in question are State Cadre post. He further states that a combined seniority list dated 15.2.2008 of Ahalmad and Amin covered by 1993 Rules has been issued by the Director of the department. It shall be appropriate to consider the rules referred by the learned counsel for the parties.