Sohan Singh Gusain vs State of Uttarakhand and Others

B.S. Verma, J.—Heard Mr. D.C.S. Rawat, Advocate for the petitioner and Mr. K.C. Tewari, learned Brief Holder appearing on behalf of the respondents.

By means of this writ petition the petitioner has sought the following relief-

1- To issue a writ, order or direction in the nature of certiorari for quashing the impugned relieving order dated 9-9-2010, passed by respondent No. 3 (Annexure No. 3 to this writ petition), in so far as it relates to the petitioner.

2- To issue a writ, order or direction in the nature of mandamus restraining the respondents from interfering in the functioning of the petitioner as Basic Health Worker at Primary Health Center, Dugadda (Pauri) till decision on the petitioner''s representation dated 17-8-2010.

3- To issue any other writ, order or direction, which this Hon''ble Court may deem fit and proper in the circumstances of the case.

According to the petitioner, he has completed the age of about 49� years. He is due to retire at the age of 60 years and only six months service is left to his credit.

The petitioner has also made a representation to the Chief Medical Officer, Pauri Garhwal on the ground that he is suffering from pain in his spinal-cord from October, 2009, therefore, he is not in a position to join on the promotional post and made a prayer either to give him promotion at Primary Health Center, Dugadda or set-aside his promotional order.

Learned Counsel for the petitioner has contended that as per government policy if the transfer is made within two years of the date of superannuation, the option has to be sought from the petitioner.

Since the petitioner is going to retire after six months, the Chief Medical Officer, Pauri Garhwal is directed to take decision on the representation made by the petitioner, in view of the government policy of the year 2008, which is prevalent in the State of Uttarakhand, within a period of four weeks from the date of production of certified copy of this order.

The petitioner shall also file the copy of the representation along with copy of this order before the C.M.O. concerned.

Till the representation of the petitioner is decided by the Chief Medical Officer, Pauri Garhwal, the impugned order (Annexure No. 3 to the writ petition), shall not be given effect to.

With the aforesaid direction the writ petition is disposed of finally.