Hon’ble Shishir Kumar, J.—The present writ petition has been filed for quashing the order impugned dated 17.10.2007 passed by Chief General Manager (Personnel), U.P. State Roadways Transport Corporation Ltd., (in short UPSRTC) Annexure 31 to the writ petition and consequential order dated 18.10.2007 passed by Assistant Regional Manager, UPSRTC, Hathras Depot, Hathras, Annexure-32 to the writ petition.

2. The petitioner is an employee of the respondent- Corporation and all the service conditions of the petitioner are governed by UPSRTC Regulations 1981. The petitioner alleged to be President of the Union submitted that due to the malafide inaction of the respondents, the petitioner has been transferred from one district to another. The petitioner alleges certain malafides against respondent No. 2 who is working as Assistant Regional Manager, UPSRTC, Hathras Depot, Hathras. It has further been submitted by the learned counsel for the petitioner that a majority of the employees of Hathras Depot had made complaint with regard to respondent No. 2 for taking money while granting leave or while allotting bus and on all issues the Assistant Regional Manager does not give approval till money is not paid to him. An agreement was arrived at between the Union and the employees dated 11.5.2007 which includes that previous agreement dated 28.9.2006 was to be complied with and there was an agreement that vehicle has to be operated as per the age of the vehicle and the polity of head-quarter source; that per hour running of the vehicle or bus will depend upon the conditions of the bus.

3. A notice was given by the Union to the respondent No. 2 on account of non-compliance of the agreement dated 11.5.2007. On 5.10.2007 all the employees of the Hathras Depot went on strike. Various other allegations have been made against the respondent No. 2 and other officers including respondent No. 6.

4. The petitioner submitted that due to the aforesaid fact the petitioner has been transferred by order dated 17.10.2007 in public interest from Hathras Depot, Aligarh to Deoria Depot, Gorakhpur. It has also been contended by the petitioner that the petitioner being an office-bearer of the Union which is a registered and has been recognised, cannot be transferred till the petitioner is having the said post. Therefore, the order of transfer is based on malafides as well as against the norms of the respondents and the same is liable to be quashed. Further submission has been made that it is a mid term transfer, therefore, in view of the guidelines issued by the State Government from time to time, mid term transfers are not permitted.

5. On 1.11.2007 learned counsel for the respondents was granted time to file counter affidavit. A counter affidavit has been filed on behalf of the respondents and Sri V.C. Dixit who appears on behalf of the Corporation has submitted that the services of the employees of the UPSRTC are transferable and no employee of the Corporation has any vested right or lien to be allowed to continue at one place for his whole service period. Further there is no provision in any rules or there are any instruction to this effect that the President, Secretary or any other office-bearer and member of the employees Union cannot be transferred. The Corporation has got full right to transfer its employees from one place to another on administrative ground or in the interest of the Corporation. The petitioner being a permanent resident of district Hathras and from the date of initial appointment, he is posted at Hathras, he is not taking any interest in discharging his duties rather he is interested in activities of employees Union, as such the Depot is facing problems in getting the work smoothly done and therefore, on administrative ground and in the interest of the Corporation, the petitioner has been transferred to Deoria Depot, Gorakhpur Region. Further it has been submitted that due to the instigation of the petitioner and other office-bea