S. K. SEN, CJ. , R. K. AGARWAL, J. ( 1 ) HEARD Sri Bhoopendra Nath Singh learned counsel for appellant and Sri R. C. Dwivedi for respondents No. 3 and Sri Vipin Sinha learned standing counsel for State Bank of India, ( 2 ) THIS Special appeal is directed against an order passed by learned single Judge dismissing the writ petition. The contention of the writ petitioner-appellant is that he was transferred contrary to shastri Award. He was posted at nainital and was transferred to Tanda district rampur and as such he was transferred out of state without his consent. The Shastri award provides that an employee cannot be transferred out of State without his consent. ( 3 ) THE writ petition was dismissed on the very first day, which in our view was not proper. The matter should have been heard on the basis of the affidavit and even should have been decided since several controversies and questions have been raised in the writ petition. Accordingly, we direct that the petition should be heard and disposed of and as learned counsel for Bank-respondents prays for two weeks to file counter affidavit, which is granted. Rejoinder affidavit, if any may be filed within a week thereafter. The writ petition shall be listed after four weeks before the learned single judge taking up such writ petitions. ( 4 ) IN the meantime status quo with regard to the service of the writ petitioner should be maintained. The order passed by learned single judge dated December 5, 2001 is set aside. It is expected that the writ petition shall be disposed of as early as possible subject to the convenience of learned single Judge. The special Appeal is allowed to the extent indicated above. ( 5 ) IN view of the order passed in the special Appeal, the application for interim relief stands disposed of. .