JUDGMENT :

Rajesh Singh Chauhan, J.

Heard Sri Jay Shanker Shukla, learned counsel for the petitioner and Ms. Jyoti Sikka, learned Addl. Advocate General, assisted by Sri Shailendra Kumar Singh, learned Chief Standing Counsel-III for the State-respondents.

2. At the very outset, Sri Shailendra Kumar Singh, learned Chief Standing Counsel-III has drawn attention of this Court towards the order dated 20.9.2021 passed by this Court in Service Single No.21036 of 2021, Avnesh Kumar Vs. State of U.P. & Ors, by submitting that the case of the present petitioner is identical with the case of Avnesh Kumar (supra) inasmuch as the place of posting of the present petitioner is unchanged in the same manner as the place of posting of Avnesh Kumar (supra) was unchanged, therefore, the present writ petition may be decided in terms of order dated 20.9.2021. For the convenience, the order dated 20.9.2021 passed in re; Avnesh Kumar (supra) is being reproduced herein below:-

"1. Heard Sri Jay Shanker Shukla, learned counsel for the petitioner and Ms. Jyoti Sikka, learned Additional Advocate General of U.P. for the State-respondents.

2. By means of this petition, the petitioner has assailed the order dated 27.7.2021 passed by the Special Secretary, Finance (Services) Anubhag-1, Government of U.P. addressing to the Director, Internal Accounts and Audit Examination, Lucknow suspending the operation of all transfer orders of the employees made for the session 2021-22 until further orders. The petitioner has also assailed the office order dated 28.7.2021 passed by the Director, Internal Accounts and Audit Examination, U.P., Lucknow in compliance of the order dated 27.7.2021 staying the transfer orders issued from 22.6.2021 to 15.7.2021.

3. Contention of learned counsel for the petitioner is that the petitioner, who is serving on the post of Accountant in the office of Superintendent, Central Jail, Fatehgarh, Farrukhabad, has been transferred vide order dated 15.7.2021 (Annexure No.8) in the public interest to the office of Finance Controller (Vittiya Paramarshdata), Zila Panchayat, Farrukhabad. Learned counsel for the petitioner has contended that as soon as the transfer order dated 15.7.2021 was passed, the petitioner submitted his joining at the transferred place, therefore, after submitting his joining at the transferred place, his transfer order may not be suspended by means of impugned order dated 27.7.2021. Further, the consequential order dated 28.7.2021 passed by the Director concerned staying all transfer orders is illegal.

4. Learned counsel for the petitioner has further submitted that some identical writ petitions are pending and in some of identical writ petitions, interim orders have been granted. Learned counsel for the petitioner has drawn attention of this Court towards an order dated 17.9.2021 passed by the Division Bench of this Court in Special Appeal No.339 of 2021 whereby the Division Bench of this Court has stayed the order dated 27/28.7.2021 on the basis of principles of parity observing that since the interim order has been passed in favour of some employees, therefore, the appellant before the Division Bench is also entitled for the same benefit in view of the dictum of the Hon'ble Apex Court in re; Vishnu Traders vs. State of Haryana and others, reported in 1995 Supp. (1) SCC 461. For the convenience, the order dated 17.9.2021 passed by the Division Bench in Special Appeal No.339 of 2021 is being reproduced herein below:-

"This intra-court appeal has been filed against the judgment and order dated 07.09.2021 passed by learned Single Judge in Writ Petition No.19887 (SS) of 2021 in re: Satya Narayan Gautam vs. State of U.P. and others, whereby the writ petition preferred by the petitioner/appellant has been dismissed.

Heard.

Admit.

Issue notice.

Since the respondents are represented by learned Standing Counsel no steps are required to be taken for issuance of notice.

Learned counsel for the appellant submits that vide order dated 15.07.2021