Madhukesh Gupta vs State Of Uttarakhand And Another

Ramesh Ranganathan, CJ

Heard Mr. Shobhit Saharia, learned Advocate for the petitioner and Mr. Vikas Pande, learned Standing Counsel for the State of Uttarakhand and, with their consent, the writ petition is disposed of at the stage of admission.

The petitioner has been working in accessible areas in the State of Uttarakhand for a period of 19 years out of his total service of around 21 years. On the ground that he fulfilled the criteria, for compulsory transfers from accessible areas to remote areas, he was transferred to Gairsain in Chamoli District where he joined duty on 25.09.2019. Less then a year after his joining duty at his new place of posting, the petitioner now seeks transfer on medical grounds contending that his father suffers from blood cancer; and the only reason why he was not transferred, along with others, in September, 2019 was because of his inability to produce a valid certificate from the Medical Board certifying that his father suffered from such ailment.

The petitioner claims to have received the said certificate on 24.09.2019, and states that he would be forwarding it to the second respondent by Thursday i.e. 03.10.2019. While invoking the jurisdiction of this Court even before furnishing the required information to the competent authority, cannot be appreciated, the petitioner undoubtedly has the right to make a representation to the competent authority ventilating his grievance, if any, regarding his transfer for personal reasons or, as the Uttarakhand Annual Transfer For Public Servants Act, 2017 provides, for serious ailments including that of his father.

Suffice it in such circumstances, instead of keeping the writ petition pending on the file of this Court, to permit the petitioner to submit a representation to the competent authority, enclosing thereto the certificate issued by the Medical Board, within a period of one week from today. On such a representation being made, the second-respondent shall consider the same in accordance with law and pass a reasoned order thereupon.

Mr. Shobhit Saharia, learned counsel for the petitioner, initially sought for the petitioner's transfer to Ramnagar since his parents reside there. When we asked him regarding the justification of making such a request since Ramnagar does not have very good medical facilities for treatment of his father, learned counsel would then submit that the petitioner is the only son of his parents and, if he is transferred to any place where adequate medical facilities are available, he would keep his parents with him and ensure that his father receives necessary medical treatment.

We consider it appropriate, in such circumstances, to direct the second-respondent to consider the petitioner's representation, for his transfer on the ground of serious ailment of his father, in accordance with law within a period of four weeks from the date of receipt of the representation. We make it clear that we have not expressed any opinion on the petitioner's entitlement for transfer or to the place where he may be transferred, if any, as these all are matters for the competent authority to consider and take a decision in accordance with law.

The Writ Petition is accordingly disposed of. No costs.