Mrityunjay Kumar Singh vs State of Uttarakhand & others

Heard Mr. Vinay Kumar, learned counsel for the petitioner, Mr. Vikas Pandey, Brief Holder for the State and perused the records.

According to Mr. Vinay Kumar, petitioner was appointed as Lecturer (Political Science) in the year 2006 and was posted in Government Inter College, Dungri, Chamoli. According to him, petitioner was transferred from Government Inter College, Dungri, Chamoli to Government Inter College, Jajal, Block Narendra Nagar, District Tehri Garhwal vide order dated 31.12.2016. When petitioner reported for duty at the transferred place, then he was informed that there is no vacancy available in the said Institution. It is the case of petitioner that due to non availability of vacancy at the transferred place, he was attached in the office of Chief Education Officer, Tehri Garhwal and ultimately on 19.06.2017, transfer order passed in respect of petitioner, was modified and in place of Government Inter College, Jajal, he was asked to join at Government Inter College, Horawala, Dehradun.

It is the case of petitioner that there was a specific mention in the order dated 19.06.2017 that post of Lecturer (Political Science) is vacant in Government Inter College, Horawala, Dehradun. In pursuance to the said order, petitioner joined at Government Inter College, Horawala, Dehradun on 28.06.2017. It is further the case of petitioner that the said order has been cancelled without any notice on

30.06.2017. This order is under challenge in the present writ petition.

The cancellation order dated 30.06.2017 is being challenged mainly on the ground that it has been passed for extraneous reasons. It is contended by the learned counsel for petitioner that post of Lecturer (Political Science) is vacant in Government Inter College, Horawala, Dehradun and petitioner''s transfer has been cancelled in order to accommodate some other teacher, whose proposal for transfer to Government Inter College, Horawala, Dehradun was suspended by the State Government.

Mr. Vikas Pande, learned Brief Holder for the State, on the other hand, submits that transfer is an exigency of service and there is no legally enforceable right available to the petitioner to claim transfer to a particular Institution.

Without going into merits of the case, this Court is of the opinion that interest of justice would be served, if petitioner is permitted to make a representation to the Competent Authority and the same be decided within a stipulated time.

Accordingly, the writ petition is disposed of with liberty to petitioner to make an appropriate representation before respondent No. 3 - Additional Director, Secondary Education, Garhwal Region, Pauri within two weeks from today. If such representation is made, the Additional Director shall decide the same by passing a reasoned and speaking order, in accordance with law, within a period of three weeks from the date of presentation of certified copy of this order.