Neeraj Kukreti vs State Of Uttarakhand & Others

Sharad Kumar Sharma, J

The challenge in the present writ petition as given by the petitioner, is to an order of transfer dated 15.12.2020, whereby his services as an Assistant

Teacher, Government Primary School, Ajabpur Danda, Raipur Dehradun, have been sought to be transferred to Vikas Khand Yamkeshwar, District

Pauri Garhwal. The sole ground of challenge of the order passed, is on the pretext that the petitioner has suffered a serious accident, due to which his

L-1 and L-2, backbones have been badly injured, due to which, he had undergone a surgery and steel rods have been placed. But unfortunate fact is

that the argument extended by the learned counsel for the petitioner, is on the basis of the bill, he has contended that his spinal injury would be covered

by the definition of serious injuries and disablement as it has been provided under the Uttarakhand Public Servant Annual Transfer Act, 2017

(hereinafter referred as, the Act, 2017).

In fact, the Act, 2017 which has been notified, by State vide its Gazette Notification of 05.01.2018. Both the definitions do not include within its

ambit of these kinds of spinal injuries. His contention in the light of the purview of its inclusion under the Act, 2017; may not be sustainable under the

law. Still the fact remain that the Act, 2017 contemplates, that if any person is aggrieved by the order of transfer passed under the Act, 2017, he may

avail his remedy by way of filing of a representation before the competent authority.

Since under the Act, it itself it contemplates a statutory representation, which will be a statutory representation, this writ petition is being disposed of

with the direction to respondent No.1, to take a sympathetic decision on the representation dated 30.10.2020, which has already been submitted by the

petitioner, within a period of six weeks from the date of presentation of certified copy of the order.

Subject to the above observation, the writ petition is disposed of.