A.K. Dhiyani vs State of Uttarakhand and Others

J.S. Khehar, C.J.—Through the instant writ petition, the petitioner has impugned the order dated 11.06.2010, by which he has been ordered to be transferred from Dehradun to Pithoragarh. After arguing the matter for some time, learned Counsel for the petitioner states, that the petitioner will be satisfied, if the instant Writ Petition is disposed of with a direction to respondent No. 1 i.e. the Secretary, Rural Engineering Service, Dehradun, requiring him to re-consider the posting of the petitioner by taking a decision on the representation filed by the petitioner on 05.04.2010 (Annexure 6).

Learned Counsel for the respondents states, that he has no objection to the acceptance of the prayer made by the petitioner.

In view of the above, without going into the merits of the claim raised by the petitioner, we consider it just and appropriate to direct respondent No. 1 i.e. the Secretary, Rural Engineering Service, Dehradun to consider the representation of the petitioner dated 05.04.2010 (Annexure 6) and dispose of the same by passing a well reasoned speaking order, within one month from the date of receipt of a certified copy of this order. Needless to mention, that in the meantime, the petitioner shall assume his duties at the transferred place of posting. Additionally, the directions issued by this Court should not be taken as an expression of any opinion at the hands of the High Court, one way or the other.

Disposed of accordingly. Order Dasti on payment of usual charges.