Rajendra Singh Barthwal vs State of Uttarakhand & others

Heard Ms. Rangoli Purohit, learned counsel for the petitioner, Mr. H.M. Raturi, Deputy Advocate General for the State of Uttarakhand and perused the records.

According to Ms. Rangoli Purohit, petitioner is working as Assistant Block Development Officer in Block Karanprayag, District Chamoli since 27.05.2015. Petitioner is aggrieved by his transfer to Joshimath Block, District Chamoli vide order dated 30.06.2017. Petitioner''s case is that his wife is suffering from acute osteoarthritis with hypo calcium. According to learned counsel, petitioner''s wife needs constant medical care and treatment and if petitioner is transferred Joshimath, then it will create great difficulty for his family. It is also the contention of petitioner that he is being transferred before completion of three years at Block Karanprayag, which is contrary to Government Policy.

Learned counsel has placed reliance upon one circular dated 29.05.2017, which is annexure 5 to the writ petition, issued by Chief Development Officer, Chamoli, whereby, information in respect of such employees was required who had completed three years at the present place of posting and based on the said document, learned counsel submits that only such employees were to be transferred, who had completed three years.

Learned counsel further submits that petitioner has submitted a representation on 03.07.2017 to Chief Development Officer, Chamoli and she confines her prayer and

submits that competent authority be directed to take a decision on the representation of petitioner.

Accordingly, writ petition is disposed of with a direction to respondent No. 3 - Chief Development Officer, Chamoli, to consider petitioner''s representation dated 03.07.2017 and take appropriate decision in accordance with law, by passing a reasoned and speaking order, within a period of four weeks from the date of presentation of certified copy of this order. Till such decision is taken by the Chief Development Officer, status quo, as regards petitioner''s posting, shall be maintained.

Let a certified copy of this order be supplied to learned counsel for the petitioner today itself on payment of usual charges.