Dungar Singh,Krishna Chandra Singh Rajvar vs Director of Education,U.P.& Ors.

A writ petition was filed by Krishna Chandra Singh Rajvar. He is Respondent in the Special Appeal. Interim orders were passed by which the transfer orders of the petitionerrespondent had been stayed as an ad interim measure. Subsequently by an order dated 10101998 stay orders had been confirmed. In the net result the transfer of the petitioner by Respondents 1, 2, 3 and 4 to another station stood stayed.

The appellant Dr. Dungar Singh, a Lecturer in the Government Inter College, Banbhoolpura, District Nainital was affected by the interim order which was subsequently confirmed by a learned Judge on the writ petition. He was to take over his posting, but could not be posted as the said orders of the High Court permitted the petitionerrespondent to remain at his place of posting.

All things considered and having heard Sri Lalit Belwal, Advocate, learned Counsel for the petitionerrespondent and Sri B.S. Pandey, Advocate, learned Counsel for the appellant the Court is of the opinion that this appeal needs to be allowed.

Learned Counsel for the petitionerrespondent admits in the counteraffidavit that the petitioner Krishna Chandra Singh Rajvar has been at the station for about 10 years. Nothing further needs to be noticed except the fact that it is admitted that the petitionerrespondent ought to be moved to another station. The fact that the petitionerrespondent and his wife are together at a posting is a matter for the administration to see, but there is no occasion that any order of the High Court ought to affect the appellant, otherwise the respondent in the writ petition, Dr. Dungar Singh.

In the circumstances substantial justice will be met if the petitionerrespondent Krishna Chandra Singh Rajvar remains at the station but not beyond the close of present academic session on 30th June, 1999.

In the circumstances the Special Appeal succeeds, the order dated 15th October, 1998 and all previous ad interim orders in Writ Petition No. 28857 of 1998; Krishna Chandra Singh Rajvar v. Director of Education U.P., Lucknow and others, are set aside. The writ petition stands dismissed. No order as to costs. The salary of the appellant Dr. Dungar Singh (otherwise respondent No. 5 in the writ petition) shall stand protected and he will be entitled to full salary. The Special Appeal succeeds with costs. Appeal allowed.