Sadhna Saxena & Others vs State Of Uttarakhand & Another

Manoj Kumar Tiwari, J

All the petitioners are serving in Collectorate Establishment in District Dehradun. Petitioner nos. 1 & 2 are serving as Chief Administrative Officer;

while, petitioner nos. 3 & 4 are Senior Administrative Officer. Petitioners are aggrieved by their transfer vide order dated 24.12.2021.

Perusal of the impugned transfer order reveals that, in view of impending Assembly Elections, petitioners have been transferred.

Learned Standing Counsel points out that petitioners have been transferred in view of the directives issued by Election Commission of India to

ensure purity of elections.

Mr. T. A. Khan, Senior Advocate appearing for the petitioners submits that petitioner no.1 is due to retire in the month of May, 2023; regarding

petitioner no.3, he submits that he is facing a medical condition, due to which he has to undergo dialysis at regular intervals; regarding petitioner no.4,

he submits that he is resident of District Saharanpur, therefore, his transfer on the ground that he is permanent resident of Dehradun, is bad.

It is not in dispute that Election Commission of India has issued directives for transferring all such Government employees who are posted in the

same district for more than three years. The directives issued by Election Commission of India further provides that a person, who is posted in his

home district, should also be transferred to some other district.

Since petitioners have been transferred in view of the directives issued by Election Commission of India and any interference with the impugned

transfer order at this stage would hamper free and fair election, therefore, this Court is not inclined to interfere in the matter. However, having regard

to the nature of illness, which petitioner no.3 is alleged to have been suffering, and also the peculiar problems of other petitioners, the writ petition is

disposed of with liberty to petitioners to make a joint representation to the competent authority regarding their transfer. It shall be open to the

petitioners to submit their representation through e-mail. If petitioners make such representation within 48 hours to the Chairman, Board of Revenue,

decision on petitioners’ representation shall be taken as early as possible but not later than 10 days from the date of receipt of representation

alongwith certified copy.