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S.S. Naugain vs Uttarakhand Power Corporation and Others

Uttarakhand High Court · Decided on 17 October 2011 · Citation: (2011) 10 UK CK 0072

HON’BLE JUDGES
Sudhanshu Dhulia, J
CASE NUMBER
Writ Petition No. 1406 of 2011 (S/S)
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Judgment

5 paragraphs · 346 words

Hon�ble Sudhanshu Dhulia, J.—Heard Mr. Chetan Joshi, Advocate for the petitioner and Mr. Sunil Upadhyay, Advocate for respondent nos. 1 to 3.

2.

The petitioner is a Junior Engineer in Uttarakhand Power Corporation. According to the petitioner, he will reach the age of superannuation in September, 2012 and will retire from service. All the same, he has now been transferred from Kundeshwari, Kashipur Sub-station to Patrampur, Jaspur Sub-station which though is in the same division is at some distance away from Kashipur where the petitioner is presently residing. The petitioner also states that his wife is not well and therefore his posting at a place which is away from Kashipur will cause hardship to his family.

3.

All the same, the transfer being an exigency of service and the interference by the Courts is normally made only on two grounds A) where there is a statutory violation or B) the order has been passed due to malafide reasons. Since none of these two grounds exist in the present writ petition, no interference is called for. However, considering the hardship of the petitioner and also the fact that petitioner is at the verge of retirement, it will serve the ends of justice if direction be given to the Superintending Engineer, Uttarakhand Power Corporation Limited, Electricity Distribution Circle, Rudrapur, Udham Singh Nagar to decide the representation of the petitioner regarding cancellation of his transfer or adjusting him at any other suitable place. The needful be done by the Superintending Engineer i.e. respondent no. 3 within a period of three weeks from the date a certified copy of this order is produced before him. It is made clear, that in case the petitioner has not been relieved from Kundeshwari, Kashipur to Patrampur, Jaspur, in that case till the representation is decided by the Superintending Engineer the operation and effect of the order dated 23.9.2011 (Annexure 1 to the writ petition) as far as the petitioner is concerned, shall remain in abeyance.

4.

With the aforesaid directions, the instant writ petition is disposed of.

5.

No order as to costs.