Ved Prakash Singh vs State of Uttarakhand and Another

Sudhanshu Dhulia, J.—Heard Mr. I.P. Gairola, Learned Counsel for the Petitioner and Mr. H.M. Raturi, learned standing counsel for the State of Uttarakhand.

The Petitioner was working on the post of Assistant Group-I, which is a Class-III post in Animal Husbandry Department, Government of Uttarakhand. He has been transferred from "Pashulok", Rishikesh district Dehradun to Bhainswada, district Almora by order 15th July 2011.

This Court is not inclined to interfere in the transfer order dated 15.07.2011 as the only ground for challenging the transfer order is that the transfer order does not disclose whether the Petitioner has not been transferred in public interest or on administrative ground. In fact order does not assign any reason. The transfer is an exigency of service and there are very limited grounds to challenge the same, which is when the transfer order is in violation of the statutory rules or it is without jurisdiction or which suffers from mala fide. In fact none of the grounds have been taken. Transfer order has been challenged only on the ground as stated above. As such, this Court is not inclined to interfere in the matter.

At this stage, Learned Counsel appearing for the Petitioner Mr. I.P. Gairola, relied upon the various documents such as, medical certificate annexed with the writ petition and states that the Petitioner is a heart patient and medical facilities will not be available at Bhainswada, district Almora.

In view of the above facts, the writ petition is disposed of with a direction that if the Petitioner moves a representation before the authority concerned, the same shall be decided by him as expeditiously as possible.

It is made clear that such representation may be considered after the Petitioner gives joining at Bhainswada, district Almora.

With the aforesaid observations, the writ petition is disposed of finally.

No order as to costs.