Vimla Singh vs State Of Uttarakhand And Others

Ramesh Ranganathan, CJ

Heard Mr. S.S. Yadav, learned Counsel for the petitioner and Mr. B.S. Parihar, learned Standing Counsel for the Government of Uttarakhand/respondents.

The petitioner has invoked the jurisdiction of this Court seeking a writ of certiorari to quash the transfer order dated 25.06.2019, passed by respondent No.2; a writ of Mandamus directing respondent Nos. 1 to 5 to permit the petitioner to maintain status quo, ignoring the transfer order dated 25.06.2019; and for a writ of Mandamus directing respondent Nos. 1 to 5 permit the petitioner to work as an Associate Professor in the Government M.B.P.G. College, Haldwani, District Nainital.

The petitioner was earlier transferred from Ramnagar to Munsyari which she questioned by way of WPSB No. 423 of 2018 on the ground that her husband was posted at the Government Medical College Haldwani. A Division Bench of this Court, in its order in WPSB No. 423 of 2018 dated 19.09.2018, noted that the State Government had made the Transfer Act for transfer of public servants; and there was a clause therein that, as far as practicable, the couple should be kept at one place.

The writ petition was disposed of with a direction to the respondents to consider the case of the petitioner for adjustment around Haldwani, but within a radius of 50 kilometres. Consequently the earlier order, transferring the petitioner to Munsyari, was cancelled by proceedings dated 20.02.2018; and she was posted to Haldwani where her husband is working as the Health Educator in Dr. Sushila Tiwari Government Medical College and Hospital, Haldwani.

By the impugned order dated 25.06.2019, the petitioner has been transferred to the Government Degree College, Patlot, District Nainital which she claims is located at a distance of 110 Kms from Haldwani where her husband is working.

Mr. S.S. Yadav, learned counsel for the petitioner, would submit that, since the petitioner was posted at Haldwani vide proceedings dated 19.12.2018, she cannot be subjected to transfer again within a short duration of six months.

On the other hand Mr. B.S. Parihar, learned Standing Counsel for the State of Uttarakhand, would submit that her transfer has been effected strictly in accordance with Section 13(3) of the Uttarakhand Annual Transfer for Public Servants Act, 2017; and the petitioner has been working for the past 17½ years only in Sugam areas, without working in any Durgam area.

While transfer, from one place to another, is made in the exigencies of administration; and it is not open to any employee to claim that he or she should be retained at a particular place forever, and he/she should not be subject to transfer at all, transfers in the State of Uttarakhand are governed by the provisions of the Uttarakhand Annual Transfer for Public Servants Act, 2017. Section 7 thereof prescribes the norms for compulsory transfer from accessible areas to remote areas. Section 7(d), however, exempts certain categories of employees from compulsory transfer from accessible areas to remote areas. In so for as spouse cases are concerned, Section 7(d) exempts such a spouse whose only son/daughter is included in the definition of disability as also spouses of employees posted in the military and para military force.

The petitioner's husband is working in Dr. Sushila Tiwari Government Hospital, Haldwani, and does not fall within either of the aforesaid exempted categories. Section 13 of the 2017 Act prescribes the procedure to be adopted for transfer on the basis of request. Section 13(3) stipulates that, in case a husband/wife serving in the Government of Uttarakhand wishes to be posted at the same place in accessible areas or remote areas, they shall be eligible to request for transfer/posting at one place accordingly, but after such posting the spouse shall be eligible for transfer in general transfer season if he/she fulfils the norms of 05/03 years service in a particular place or 10 years total service.

In terms of Section 13(3), and in compliance with the order of the Division Bench of this Court in WPSB No.423 of 2018 dated 19.09.2018, the petitioner was posted to Haldwani to enable her to stay with her spouse who is working in Dr. Sushila Tiwari Government Hospital, Haldwani. Section 13 (3) enables transfer of such employees, retained at a particular post at his/her request, in the next annual transfer, provided he/she fulfil the prescribed norms of having rendered 05/03 years service in a particular place, or 10 years of total service in accessible areas. The petitioner herein has put in more than 17 ½ years service in accessible areas, and was therefore liable to be transferred to remote areas in the next annual transfer in terms of Section 13(3) of the Act.

While we see no reason, therefore, to interfere with the order of transfer, suffice it to observe that, in case her husband wants to join her at her new place of posting, it is always open to him to submit a representation to the Government to post him in a remote area in close proximity to the place where his wife is presently posted.

Subject to the aforesaid observations, the writ petition fails and is, accordingly, dismissed. No costs.