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Judgment
Vipin Sanghi, CJ
The petitioner has preferred the present Writ Petition to assail the order dated 05.07.2022 issued by the respondent no. 2, whereby the petitioner has been posted to Uttarakhand Forest Training Institute, Haldwani.
The submission of the learned counsel for the petitioner is that he has only 10 months of service left, and he is a “senior employee”, as defined in Section 3(h) of the Uttarakhand Annual Transfer For Public Servants Act, 2017 (the Act), and, consequently, he cannot be transferred under Section 7(d)(i) of the said Act.
We have heard the learned counsels.
The position, as projected by the petitioner, does not appear to be correct. The petitioner, in fact, was promoted vide order dated 02.06.2022 from the post of Range Officer to the post of Assistant Conservator of Forest. This order stipulated that the posting orders would be issued separately. Subsequently, on 05.07.2022, the posting order has been issued, whereby he has now been posted, as aforesaid, at the Uttarakhand Forest Training Institute, Haldwani.
It appears that the petitioner’s case is, therefore, covered by Section 18 of the Act, and not by Section 7(d)(i) thereof. The petitioner cannot have a grievance with regard to his posting also on account of the fact that he has been sent to the Uttarakhand Forest Training Institute, which is situated at Haldwani.
We, therefore, do not find any merit in the present Writ Petition and the same is, accordingly, dismissed. In case the petitioner joins the posting 2 within the next one week, he shall be permitted to join without any adverse consequences.
In sequel thereto, pending application, if any, also stands disposed of.