Gurdev Singh vs State Of Uttarakhand And Others

Manoj Kumar Tiwari, J

According to the petitioner, he has mostly served in remote and inaccessible regions of Uttarakhand during his service career and presently he is

posted as Sub Divisional Officer/Assistant Engineer, Minor Irrigation Sub Division Tharali, District Chamoli since 15.10.2020. Petitioner has sought

direction to the authorities to consider his request for transfer to some accessible area because of chronic illness of his father, who is residing at

Dehradun.

Learned counsel for the petitioner submits that petitioner is more than 57 years of age and he is left with little more than two years to serve in the

Department. He further submits that as per Government policy, during the fag end of service career, every Government Servant is given choice to

serve at the desired place. Learned counsel for the petitioner has referred to one Government Order dated 24.05.2021, issued by the Chief Secretary,

Government of Uttarakhand, which provides that no transfers would be made during the transfer year 2021-22 on account of pandemic caused by

COVID-19. Learned counsel for the petitioner further submits that in view of the hardship faced by petitioner, particularly due to the serious illness of

his father, he deserves to be considered for transfer as per Section 27 of the Transfer Act.

Petitioner has already made a representation to the Secretary, Minor Irrigation Department on 25.05.2021 annexed as annexure 10 to the writ

petition. Learned counsel confined his prayer only to the extent that the Secretary, Minor Irrigation Department be directed to take decision on

petitioner’s representation dated 25.05.2021 at the earliest.

Having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to the Secretary, Minor Irrigation

Department to consider the representation made by the petitioner within a period of two weeks from today. If it is found that the petitioner’s

request of premature transfer to accessible place warrants consideration under Section 27 of the Transfer Act, then the Secretary, Minor Irrigation

Department shall forward the representation to the Transfer Committee constituted under provisions of the Transfer Act, within one week. The

Committee shall consider the request made by the petitioner and pass appropriate order, as early as possible; but, not later than two weeks thereafter.