( 1 ) THE petitioner Amar Babu Srivastava was Junior Division Clerk in 16-U. P. Bn. N. C. C. , allahabad In the year 1987. It appears that he proceeded on medical leave. He was transferred to 101 U. P. Bn. N. C. C. , Mirzapur and since the petitioner was not available for service of the transfer order, it was published on 31. 5. 1987 in the Hindi news daily amrit Prabhat. The petitioner instituted Civil Misc. Writ Petition No. 10824 of 1987 to challenge the order of transfer. The said writ petition was disposed of by order dated 24. 4. 1997, a copy of which is annexure-1 to the writ petition. The relevant portion of the order is extracted as below :

"petitioner is a Junior Division Clerk in N. C. C. which is transferable post and hence this Court cannot interfere in the transfer matter because transfer is an exigency of Government. However, I am informed that the petitioner is not being permitted to join either at Mlrzapur or Allahabad. I direct the authorities concerned to give the petitioner a posting within a month of production of certified copy of this order before him. "

The petitioner was not allowed to join as a reference was made to the State Government. He fi