SUDHIR NARAIN, J. ( 1 ) THIS writ petition is directed against the order dated 25. 8. 1983 whereby the disputed accommodation has been declared as vacant. ( 2 ) THE petitioner was admittedly tenant of the disputed premises. He was transferred from Jhansi to Lucknow in the year 1973. He thereafter retired on 1. 12. 1974. Smt. Gudlno Devi was owner of the property. Smt. Saroj Kumari, respondent No. 2, purchased the disputed house from the erstwhile owner Gudino Devi. After purchase of the property she moved an application on 31. 8. 1981 to declare the disputed accommodation as vacant on the allegations that the petitioner was transferred in the year 1973 and on such transfer the accommodation should be treated as vacant. The petitioner filed objection stating that he was transferred for a short time and thereafter he retired from service on 1. 12. 1974 and was residing in the disputed house. He also claimed that even after transfer his family members continued to live in the disputed house. The rent Control and Eviction Officer, by the impugned order dated 25. 8. 1983, held that as the petitioner was transferred, the accommodation in question shall be treated as vacant. This order has been challenged in the present writ petition. ( 3 ) I have heard Sri B. D. Mandhyan, learned counsel for the petitioner and Sri K. M. Saxena. learned counsel for the contesting respondent. ( 4 ) THE accommodation in question can be deemed as vacant under Section 12 (1) of U. P. Urban buildings (Regulation of Letting, Rent and Eviction] Act. 1972 (in short the Act) on the ground that a tenant of a building (a) has substantially removed his effects therefrom, or (b) has allowed it to be occupied by any person who is not a member of his family, or (c) in the case of a residential building, he as well as members of his family have taken up residence, not being temporary residence elsewhere. ( 5 ) THE accommodation in possession of a tenant can also be deemed as vacant under Section 12 (3a) if the tenant of a residential building holding a transferable post under any Government or local authority has been transferred to some other city and on such transfer he has been allotted any residential accommodation by his employer. ( 5 ) THE accommodation in possession of a tenant can also be deemed as vacant under Section 12 (3a) if the tenant of a residential building holding a transferable post under any Government or local authority has been transferred to some other city and on such transfer he has been allotted any residential accommodation by his employer. The Rent Control and Eviction Officer took the view that as the tenant was transferred in the year 1973 and he was allotted an accommodation at lucknow, the accommodation in question shall be deemed as vacant even though he might have come back after his retirement after 1974. Section 12 (3a) was Introduced in Section 12 of the act by U. P. Act No. 28 of 1976 with effect from 1st July 1976. This provision will not be applicable retrospectively in respect of any transfer made prior to the year 1976. ( 6 ) SRI Saxena. learned counsel for the respondent, urged that the tenant on transfer had totally shifted to Lucknow where he was allotted another accommodation. The Rent Control and eviction Officer has not recorded any finding that the accommodation which was allotted on transfer was a residential accommodation by the Government for the period till his service or it was a permanent accommodation as to cover the case under Section 12 (1) (c) of the Act. The rent Control and Eviction Officer appears to have come to the conclusion that after his retirement, he has to reside again in the disputed house. ( 7 ) IN view of the above the writ petition is allowed. The impugned order dated 25. 8. 1983 is hereby quashed. ( 8 ) IT is, however, open to the Rent Control and Eviction Officer to consider the application afresh in accordance with law after affording opportunity to the parties concerned. .