Citation : 2021 Latest Caselaw 5373 UK
Judgement Date : 28 December, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 28TH DAY OF DECEMBER, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (S/S) No. 1694 of 2021
BETWEEN:
Ramesh Kumar Tiwari ... Petitioner
(By Mr. Mani Kumar, Advocate)
AND:
State of Uttarakhand & others ... Respondents
(By Mr. A. Thapliyal, Advocate holding brief of Mr.
Pankaj Chaturvedi, Advocate)
JUDGMENT
1. Petitioner is serving as Computer Operator in the Office of Executive Engineer, Uttarakhand Jal Sansthan, Rudrapur. He is aggrieved by his transfer to Ranikhet vide order dated 14.12.2021.
2. According to the petitioner, his transfer is bad, as it is in violation of provisions contained in Uttarakhand Annual Transfer For Public Servant Act, 2017, particularly, Section 7(d) thereof.
3. Mr. Mani Kumar, learned counsel appearing for petitioner has also relied upon Government Order dated 24.05.2021, wherein it is provided that no transfer shall be made during the year 2020-21.
4. Learned counsel for the petitioner, after arguing for a while, confines his prayer and submits that Chief General Manager, Uttarakhand Jal
Sansthan, Dehradun be asked to take decision on petitioner's representation dated 17.12.2021 within some stipulated time frame.
5. Accordingly, the writ petition is disposed of with a direction to Chief General Manager (respondent No. 1) to consider petitioner's representation dated 17.12.2021 and take appropriate decision, as per law, within six weeks from the date of production of certified copy of this order along with copy of representation. Till decision on petitioner's representation, status quo qua petitioner's posting, shall be maintained.
(MANOJ KUMAR TIWARI, J.) Aswal
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