Harish Chandra Joshi vs State Of Uttarakhand & Others

S.K. Mishra, J

In this writ application, the petitioner has prayed for a writ of certiorari quashing the impugned transfer order dated 20.12.2021, passed by the

respondent No.1 (Annexure No.1 to the writ application).

Keeping in view the facts of the case, we propose to dispose of the writ application at the stage of fresh admission at the request of the learned

counsel for the parties.

A supplementary-affidavit has been filed by the learned counsel for the petitioner. The same shall be taken on record. A copy of the same has

already been served to the learned Chief Standing Counsel for the State.

It is apparent from the supplementary affidavit that the date of birth of the petitioner is 02.05.1962. Thus, his date of retirement is 31.05.2022. It is

the grievance of the petitioner that he has less than six months to service before his retirement on superannuation, and in cases as per Annexure No.3

to the writ application, the guidelines issued by the Chief Secretary, Government of Uttarakhand, any person who is having less than six months of

service could not be transferred. The relevant clause reads as follows (Clause 6 (vi) of the Guidelines):-

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Thus, it is clear from this provision that any officer who has less than six months before retirement on superannuation should not be transferred, and

it is further provided that such a person shall not be given any duty during the ensuing elections to the Uttarakhand State Legislative Assembly.

We do not find any impediment in allowing the writ application, specifically when the documents clearly show that the petitioner has less than six

months of services left from his retirement on superannuation.

Hence, the writ application is allowed. The order of transfer dated 20.12.2021, to the extent that the petitioner, Mr. Harish Chandra Joshi, be

transferred from District Udham Singh Nagar to District Almora, is hereby quashed. The rest of the transfer list is left undisturbed.

It is further directed that the petitioner shall not be entrusted with any election duty during the ensuing elections.

There shall be no order as to the costs.

Urgent certified copy of this order be granted on proper application.