Dr. Bhagat Singh Rawat vs State of Uttarakhand & others

1. Heard learned counsel for the parties.

Present petition has been filed by the petitioner seeking the following reliefs:

"i) Issue a writ in the nature of certiorari calling for record and quashing the transfer orders dated 15-6-2017 & 21-6- 2017 (Annexure No. 7) passed by respondent no. 1 & 2 respectively, otherwise the petitioner shall suffer irreparable loss and injury. ii) Issue a writ in the nature of mandamus directing the respondents to permit the petitioner to work at the present place of his posting i.e. at the office of the respondent no. 2, otherwise the petitioner shall suffer irreparable loss and injury."

Briefly put, the case of the petitioner is as follows:

On 01.06.1991, the petitioner was appointed as Medical Officer in Government Primary Health Center, Narayanbagar, District Chamoli. According to the

petitioner, thereafter, he served at various inaccessible place of the State of Uttarakhand. The daughter of the petitioner is suffering from Shizoaffective Traite since long and, on 18.05.2017, a Medical Board was constituted to verify the medical condition of the daughter of the petitioner. According to the petitioner, the said Board found that the daughter of the petitioner is suffering from chronic mental disease. On 19.09.2014, the Government has issued a notification regulating the annual transfers of the Medical Officers. According to the petitioner, Clause 3.10 provides that if the Medical Officer or any member of his family is suffering from chronic disease than he should be posted at the place of his choice. Clause 3.11 provides that if the Medical Officer has attained the age of 55 years, he should not be transferred to hilly areas or remote areas. It is alleged that the petitioner is 57 years old and his daughter is suffering from chronic mental disease since long and the respondents, without considering the notification dated 19.09.2014, has passed the impugned order and has transferred the petitioner on the post of Additional Chief Medical Officer, Uttarkashi. Hence, this writ petition.

Though, in transfer matter, normally the Court does not interfere; but, considering the facts and circumstances of the case, petitioner''s representation should be considered by the competent authority. Accordingly, the writ petition is disposed of by permitting the petitioner to submit a fresh representation before the competent authority within a period of one week from today. In case such representation is filed by the petitioner within the stipulated period, same shall be decided by the competent authority by reasoned &

speaking order within a period of two weeks from the date of filing of representation along with the certified copy of this judgment.