Hon’ble Virendra Kumar-II, J.—Heard Mr. Sudhir Pandey, learned counsel for petitioner, Ms. Pushpila Bisht, learned counsel for respondent No. 3 as well as learned Chief Standing Counsel.

2. Petitioner has assailed his transfer order dated 30.6.2017 passed by opposite party No. 1 by way of instituting this writ petition. It is pleaded that petitioner was appointed initially on the post of Fertilizer Analyst (Class-II), Chemistry Branch, after successful competing in the examination conducted on 1.5.2000 by Uttar Pradesh Public Service Commission. He is presently posted as Senior Pesticide and Fertilizer Analyst (Class-I) at Pesticide Fertilizer and Quality Control, Alambagh, Lucknow. His pay scale on the post of Deputy Director (Class-I) in Chemistry Wing in the agricultural department is in the pay scale of Rs. 10000-15200. Petitioner has unblemished service record. His work and conduct remained excellent. Therefore, he was promoted on the post of Deputy Director (Class-I) vide order dated 13.6.2006, whereof 20.5.2006. The opposite party No. 1 has transferred petitioner vide transfer order dated 30.6.2017 from the post of Senior Pesticide and Fertilizer Analyst, Alambagh (Lucknow) to Deputy Director Agriculture, Shahjahanpur.

3. It is further contended that Sri Santosh Kumar Rai opposite party No. 3 has been posted by replacing petitioner. He is Deputy Director (Krishi Raksha), Varanasi, and is not qualified for that post. It is mentioned that there are four pesticides and fertilizer quality control laboratories in the State of Uttar Pradesh, which are located at Alambagh, Rahmatkhera, Meerut and Varanasi. The number of sanctioned posts of Senior Pesticide Officer/Fertilizer Analysis, (Shreni-1), Fertilizer/Pesticide Analysis, Shreni-2, Fertilizer/Pesticide Analysis Asstt. Varg-1 is mentioned in para-9 of petition. It is relied upon by petitioner that only one post of pesticide and fertilizer analyst is available in four laboratories of agriculture department of Uttar Pradesh alongwith sanctioned post of Pesticide and Fertilizer Analysis Class-2 and Pesticide and Fertilizer Analysis Assistant Varg-1.

4. Sri S.B. Singh is presently posted as Pesticide and Fertilizer Analysis Class-2 at Varanasi lab and he is going to retire on 31.7.2017. It is further pleaded that petitioner obtained training from National Plant Protection Training Institute, Hyderabad in Instrumental Analysis of pesticide formulation analysis course. Petitioner and Sri S.B. Singh are doing work in these four laboratories of agriculture department. None other is qualified for this work. Petitioner has also relied upon U.P. Agricultural Group-B Service Rules, 1995 to regulate recruitment condition of service, qualification etc. of U.P. Agricultural Group-B Service, which provides the strength of service in each categories, which are indicated in appendix-A and B of these rules.

5. The petitioner has also stated that he possesses degree in M.Sc. Agriculture in subject soil conservation, whereas opposite party No. 3 Santosh Kumar Rai belongs to development section, for which essential qualification is Bachelor degree in agriculture. The opposite party No. 3 do not possess Post Graduate degree in agriculture chemistry in soil science or soil conservation.

6. It is also contended that Section 19 of Insecticide Act, 1968 provides that the Central or State Government may, by notification in the official gazette, appoint persons in such number as it thinks fit and possessing such technical and other qualification as may be prescribed to be Insecticide Analyst for such areas and in respect of such insecticides or class of insecticides as may be specified in the notification. No gazette notification has been published by the State Government appointing/posting Sri S.K. Rai on the post of Senior Pesticide & Fertilizer Analyst. He has been posted as such simply by a common transfer order dated 30.6.2017.

7. It is further mentioned that it is the duty and responsibi