Manoj Kumar Tiwari vs State of Uttarakhand and Others

Sudhanshu Dhulia, J.—Heard Mr. Pankaj Miglani, learned Counsel for the Petitioner and Mr. H.M. Raturi, learned standing counsel for the State of Uttarakhand.

The Petitioner is an employee of Khadi Gramodyog Board which is an instrumentality of the State. The Petitioner has been transferred from Khadi Board River View Factory, Almora to Uttarakhand Khadi & Gramodyog Board, Headquarters (Bhopalpani) Dehradun vide order dated 04.08.2011 (Annexure-1 to the writ petition), which is under challenge in the present writ petition.

The law on the transfer is absolutely clear and the Court normally would not interfere in a transfer order, unless it suffers from mala fide or it has been passed without jurisdiction or in violation of law. Since both the above two grounds are not made out, No. relief can be granted by this Court.

However, learned Counsel for the Petitioner submits that there are some personal difficulties with the Petitioner as he has school going children, and he and his wife both are suffering from ailments. Moreover, the transfer order has been passed during mid session.

In view of the above facts, this writ petition is disposed of with the direction that if the Petitioner joins his new place of posting within 15 days from today and reports the matter to the concerned authority at Dehradun, the concerned authority shall look into the grievance of the Petitioner and explore the possibilities of sending the Petitioner back to Almora or any other nearby place so that the grievance of the Petitioner can be met. The same shall be done within six weeks of the representation as stated above.

With theses observations, the writ petition is disposed of.

No order as to costs.