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Judgment
Vipin Sanghi, CJ
The petitioner has preferred the present writ petition to assail his transfer vide transfer order dated 06.07.2022, passed by the Chief Conservator of Forest (HoFF), whereby the petitioner was transferred from Dehradun Forest Division (Territorial Forest Division) to the Research Forest Division, namely, the Silviculturist, Nainital (Non-Territorial Forest Division), and the consequential transfer/ posting order dated 21.12.2022, issued by the DFO/ Silviculturist to take charge of the non-territorial Range as the same was made in gross violation of the Government Order dated 05.09.2013, as well as the order dated 10.03.2017, passed by this Court in Writ Petition (S/B) No.145 of 2016, dated 10.03.2017. The petitioner seeks a direction to the respondents to post him in some Territorial Division/ Range in accordance with the Government Order dated 05.09.2013, and in compliance of the aforesaid judgment of this Court.
The petitioner had earlier preferred a writ petition, being Writ Petition (S/B) No.472 of 2022, which was withdrawn unconditionally by the petitioner on 15.05.2023.
The present writ petition has been preferred by stating that the said writ petition was withdrawn due to coercion, and assurance that once the petition is withdrawn, the petitioner would be given the posting, as desired by him. However, there is nothing placed on record to show that the petitioner was either placed under any coercion, or any assurance was given to him, as aforesaid.
That being the position, in our view, the present writ petition is not maintainable to seek the reliefs which are covered by Writ Petition (S/B) No.472 of 2022.
Learned counsel for the petitioner submits that the petitioner’s representation is, however, pending consideration.
We, therefore, dispose of this writ petition with a direction to the respondents to decide the said representation of the petitioner by a reasoned and speaking order while dealing with the aforesaid Government Order, and the judgment of this Court. The representation shall be decided within the next four weeks, and the decision be communicated to the petitioner.
In case the petitioner is still aggrieved, he would be entitled to avail of his remedies in law.
The writ petition stands disposed of in the aforesaid terms.
Pending application, if any, also stands disposed of.