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Judgment
Vipin Sanghi, CJ
The present appeal is directed against the order dated 20.07.2022, passed by the learned Single Judge, in Writ Petition (M/S) No.1669 of 2022. While issuing notices in the writ petition preferred by the respondent nos.1 to 4 herein, the learned Single Judge, in the interregnum, directed that the effect and operation of the transfer order dated 31.05.2022, issued in respect of the writ petitioners, i.e. respondent nos.1 to 4 herein, shall remained stayed.
We have heard the learned Senior Counsel appearing for the appellants, and learned counsel for the private respondents at some length.
It emerges that the Conciliation Officer had issued notices to the appellant herein on 02.06.2022 and 07.06.2022 in respect of the impugned transfers of the writ petitioners, to which, the appellant had also responded on 04.06.2022. While the proceedings were still pending before the Conciliation Officer, inter alia, on the aforesaid aspect, the respondent nos.1 to 4 herein preferred a writ petition, wherein the impugned order has been passed. The occasion to prefer the writ petition arose since the said writ petitioners were transferred w.e.f. 01.06.2022, and relieved from their responsibilities at their initial place of work, i.e. Haridwar.
After passing the impugned order, the writ petitioners have been allowed to re-join their duties and, are presently serving at their earlier held posts at Haridwar.
In our view, since the conciliation proceedings, inter alia, in respect of the issue of transfer of the respondents-writ petitioners is still pending consideration before the Conciliation Officer, it would be appropriate that the process of conciliation is given a chance to conclude.
We, therefore, dispose of the writ petition and the special appeal by directing that, till the conciliation proceedings are concluded, the respondents-writ petitioners shall continue to be allowed to serve at their present place of work, i.e. at Haridwar.
In case, the conciliation efforts fail, it shall be open to the parties to invoke their remedies in accordance with law.
We are informed that the next date fixed before the Conciliation Officer is 05.08.2022. We request the Conciliation Officer to try to conclude the conciliation proceedings on the issue of transfer of the respondents-writ petitioners within fifteen days from the said date.
Pending application, if any, also stands disposed of.