R.P. Singh vs State of Uttarakhand and others

Servesh Kumar Gupta, J.—On due consideration, urgency application no. 347 of 2013 is allowed. The petition is admitted for hearing.

The appearing respondents may file the counter affidavit(s) within four weeks.

List thereafter.

Also heard on interim relief application no. 520 of 2013.

Having heard learned Counsel for the parties, it transpires that since 16.6.2011, the petitioner, an Executive Engineer of Public Works Department, was deployed in the office of Pradhan Mantri Gramya Sadak Yojna (hereinafter would be called as ''PMGSY''), Block Kalsi, District Dehradun.

As per the Government Order no. 1913/X/12/56(22)/012 dated 24.9.2012, it was held out that all the officials/officers, who are posted to perform the work under the said PMGSY, would be deemed to be under the administrative control of Rural Development Department of the State and the tenure of their deputation on the said will be for five years. It was further provided that such employees shall not be subjected to any transfer by their parent Department before completion of such tenure. Further, if their transfer is indispensable on account of some unavoidable circumstances, in that case the same can be done only with the recommendation of the Chief Minister.

The case of the petitioner is that on 10.1.2013, Public Works Department issued a transfer list thereby transferred the respondent no. 4 D.K. Gupta, who was attached in the Head Office, to the Provincial Division, Gopeshwar (District Chamoli) being the In-charge Executive Engineer. However, just after five days i.e. on 16.1.2013, another list of transfer was issued thereby transferring only three Executive Engineers, according to which the respondent no. 4, who was transferred to Chamoli as afore-mentioned, has been asked to succeed the petitioner being the In-charge Executive Engineer, PMGSY, Block Kalsi, whereas the services of the petitioner have been transferred from the said place to Head Office at Dehradun.

Nothing has been indicated in the office memorandum dated 16.1.2013 that the transfer has been effected with the prior recommendation of the Chief Minister, which was a condition precedent in the G.O. dated 24.9.2012.

Learned Counsel on behalf of respondent no. 4 has apprised the Court that in compliance of the said order dated 16.1.2013, he has assumed the charge of office at Kalsi in place of petitioner.

In light of the above-narrated facts, the Court hereby stops the operation of the impugned transfer order dated 16.1.2013 vide office memorandum no. 92/111(1)/13-46(Adhi.)/09 T.C. dated 16.1.2013. It is further directed that in case the respondent no. 4 has taken over the charge in place of petitioner, he will immediately hand over the charge and will report back to his earlier place of posting at Gopeshwar. Interim relief application stands disposed of accordingly.