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Judgment
SHARAD KUMAR SHARMA, J.
The precise issue which has been raised by the petitioner while giving challenge to the list prepared under Section 7 (Kha), under the annual
transfer exercise being taken by the respondents under the Transfer Act, 2017, is that after his initial appointment as made on 29.06.1990, he was
posted as Lecturer (Chemistry) in the G.I.C. Kunelakhet, Block Tarikhet, District Almora, he remained there till he was ultimately promoted on
09.07.2002. That means petitioner for a period of 12 years, he has worked in G.I.C. Kunelakhet, Block Tarikhet, District Almora, which is an
institution situated in Durgam Area. Later on, he was transferred to G.I.C., Deenapani, District Almora as Lecturer (Chemistry).
The argument of learned counsel for the petitioner is that from the date of induction i.e. 29.06.1990 till 09.07.2002 i.e. for a continuous period of 12
years, he has worked in an institution which has been categorized as Group-D Institution situated in Durgam Area. Hence while preparing the list
under the transfer policy, he ought to have been given weightage of having rendered 12 years of service in Durgam Area while considering his
transfer.
In support of this contention, the learned counsel for the petitioner has made a reference (Annexure-3 to the writ petition), wherein (page 33),
G.I.C., Kunelakhet is shown as Category-D i.e. Durgam Area Institution. Despite of it, the grievance of the petitioner is that when the respondents
prepared the list which is impugned in the writ petition as (Annexure-7) in the last column it is shown that petitioner has rendered zero years of service
in remote area. The effect of such a remark given in the list would be that the petitioner apprehends, that he may be yet again place in a Durgam area
and his services in Durgam area for the period of 12 years would be of no result. This apprehension of being placed in a Durgam Area, despite of the
fact having already rendered the 12 years of services in Group-D, Durgam Institution for last 12 years and for redressal of his grievance he has
submitted his representation on 30.05.2018 contemplated under the Act, before the Additional Director Secondary Education, the same is pending
consideration.
The writ petition is disposed of, at that stage, with a direction to the Additional Director Secondary Education to reconsider the entire service record
of the petitioner and to consider the period which he has rendered in various categories of the institution and to redetermine his placement in the list of
the proposed transferees and then only take a decision of transferring the petitioner anywhere in accordance with the decision taken thereof, in
compliance of this order, the decision would be taken positively by the respondent no.3 within a period of one month from today and for a period of
four weeks only the effect of the transfer order, so far as it relates to petitioner, shall remain stayed..
In view of the above observations, writ petition is disposed of. However, there would be no order as to costs.
Stay Application No.8057 of 2018 stands disposed of.