Nandi Bisht vs State of Uttarakhand & others

Heard Dr. Kartikey Hari Gupta, learned counsel for the petitioner, Mr. Pradeep Hariya, Standing Counsel for the State of Uttarakhand and perused the record.

Petitioner is serving as Health Visitor in Community Health Centre, Tharali, District Chamoli. She is aggrieved by her transfer from Community Health Centre, Tharali, District Chamoli to Primary Health Centre, Narayanbagad, District Chamoli vide order dated 07.10.2017.

The principal ground of challenge in the writ petition is that petitioner is due to retire on 31.10.2018, thus she has only one year service left in the Department and as per transfer policy, Government Servants are normally not to be transferred in the last two years of their service career. It is the contention of the petitioner that there is nothing adverse against her and in the absence of any compelling reason petitioner''s transfer at the fag end of her service career is unjust and unwarranted.

On 24.10.2017, learned Standing Counsel for the State was requested to seek instruction in the matter. Learned Standing Counsel has informed the Court that there is no complaint or adverse material against the petitioner. Thus it cannot be said that petitioner''s transfer was made due to compelling reasons.

In such view of the matter, I am of the opinion that interest of justice would be served, if Competent Authority is directed to reconsider the transfer of petitioner in the light of applicable policy.

Accordingly, the writ petition is disposed of with liberty to petitioner to make appropriate representation before respondent No. 3 - Chief Medical Officer, Chamoli within ten days from today. If such representation is made, the Chief Medical Officer shall decide the same by passing a reasoned and speaking order, in accordance with law, within ten weeks thereafter. The transfer order dated 09.10.2017 shall be kept in abeyance qua the petitioner till decision is taken on the petitioner''s representation.