Dr. Mukesh Kumar Pandey vs State of Uttarakhand and others

Petitioner challenges order dated 15.06.2017, by which the petitioner stands transferred from S.P.S. Government Hospital, Rishikesh, Dehradun to District Hospital, Rudraprayag. Petitioner has already addressed Annexure-15 representation to the Director General, Medical, Health and Family Welfare, Uttarakhand, Dehradun.

We heard Mr. Lalit Belwal, learned counsel for the petitioner and Mr. Paresh Tripathi, learned Chief Standing Counsel for the State of Uttarakhand / respondents.

Though the petitioner has addressed Annexure-15 representation to the Director General, while the order has been passed by the Principal Secretary. We do not think that we need to pronounce on the provisions, which are challenged, which actually mandate for joining of the transferred Government servant. Leaving open the right of the petitioner to approach this Court again challenging the impugned order of transfer and leaving open all his contentions, we dispose of the writ petition by permitting the petitioner to represent his grievance against the impugned order of transfer before the Principal Secretary within a period of one week from today and further directing that the Principal Secretary will consider and take a decision on the representation of the petitioner in accordance with law within a period of two weeks from the date of receipt of the representation along with a certified copy of this judgment.

Let certified copy of this order be issued today itself.