K.M. Joseph, J.

Petitioner seeks the following reliefs:-

“a. Issue a Writ, Order or direction in the nature of certiorari quashing the order dated 24.8.2011 (Annexure 5) passed by respondent no. 1.

b. Issue a writ order or direction in the nature of mandamus directing the respondents to relieve the respondent no. 5 to State of Uttar Pradesh.”

2. Petitioner was working as Assistant Regional Transport Officer in the State of Uttarakhand. One Sri Ramesh Chandra Kalra also held equivalent post in the Transport Department of the State of Uttar Pradesh. Petitioner made an application seeking mutual transfer with the aforesaid Sri Ramesh Chandra Kalra. This application was moved, apparently, purporting to invoke the provisions of Government Order No. 14/279/2002-SR(S) dated 15.09.2004 issued by the Government of India, read with Government Order dated 19.07.2007 issued by the Government of Uttarakhand. The effect of the said orders was that they authorized entertainment of applications for mutual transfer of the employees of the State of Uttarakhand and the employees of the State of Uttar Pradesh. Complaining that his application was not being considered, petitioner filed Writ Petition (S/B) No. 169 of 2008 before this Court. This Court, by judgment dated 02.03.2009, disposed of the said writ petition as follows:-

“6. Having heard learned counsel for the parties, and after going through the papers on record, and the Government Orders, applicable to the case of the petitioner, this writ petition is disposed of with the following direction:-

1. State Level Advisory Committee, U.P. Reorganization Department, Lucknow, shall take decision on the representation of the petitioner for his mutual transfer vice Shri R.C. Kalra within a period of two months from the date of certified copy of this order is produced before said authority, and communicate the same to the Government of India for further action in the matter.”

3. Pursuant to the same, order dated 30.07.2009 (Annexure No. 3) was issued relieving the petitioner for the State of Uttar Pradesh. Similarly, there was an order issued in respect of Sri Ramesh Chandra Kalra by the State of Uttar Pradesh. Petitioner joined as Assistant Regional Transport Officer in the State of Uttar Pradeseh some time in the year 2009. In the meantime, petitioner had been promoted as Regional Transport Officer; but, in view of the request made and in view of the fact that he was being transferred to the State of Uttar Pradesh on his own request, he came to be transferred and he joined as Assistant Regional Transport Officer. It is, thereafter, that the impugned order dated 24.08.2011 was issued. In the said impugned order, reference was made to the judgment rendered by this Court in Writ Petition (S/B) No. 79 of 2008 and the State of Uttar Pradesh was requested to relieve the petitioner for the State of Uttarakhand.

4. We have heard Mr. Manoj Tiwari, learned Senior Counsel assisted by Mr. Amar Shukla, Advocate, on behalf of the petitioner; Mr. S.S. Chauhan, learned Deputy Advocate General appearing on behalf of the State of Uttarakhand; and Ms. Beena Pande, learned Standing Counsel appearing on behalf of the State of Uttar Pradesh.

5. Learned Senior Counsel for the petitioner would address the following submissions before us:-

i. He would, firstly, submit that reliance placed on the judgment of the Division Bench, as has been done in the impugned order, is without any basis insofar as the petitioner is not a party to the judgment referred to in the impugned order. It is an inter-party judgment and the petitioner, who was transferred under the extant policy providing for mutual transfer, cannot be visited with the consequences provided for in the judgment. In this regard, he would seek to fortify himself by referring to another development, which is as follows:-

Another person, who was not a party to the said judgment, filed a Review Petition seeking to review the judgment. The following is the order passed by