WPSS/941/2021
2021 Latest Caselaw 2725 UK

                   Office Notes,
                reports, orders or
                 proceedings or
sl. No   Date                                    COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
                 with Signatures
                                     WPSS No.941 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Via video conferencing).

Mr. Raveendra Singh Bisht, Advocate, for the petitioner.

Mr. Narain Dutt, Brief Holder, for the State of Uttarakhand.

The petitioner, who was appointed as Health Worker (Female) on 13.12.2019. Subsequently, for the purposes of the official discharge of her duties, she was posted at District Bageshwar. The petitioner has contended that in terms of the provisions contained under Section 13 (3), to be read with Section 17 (b) (4) of the Uttarakhand Annual Transfer of Public Servants Act, 2017, as well under the principles of the spouse policy, she ought to be transferred to District Tehri Garhwal, where the husband of the petitioner is serving as a Lecturer in the Government Inter College at "Srikot Block Jaunpur, District Tehri Garhwal".

The prayer sought in the writ petition is in the nature of a mandamus commanding the respondents, to take a call on the representation of the petitioner, as submitted by her before the respondent No.2, on 15.09.2020, which she contends that it was duly forwarded by the Chief Medical Officer on 10.12.2020, but despite of the aforesaid communications, the respondent had not decided the representation, which the petitioner pleads would fall to be a statutory representation under the Transfer Act, 2017.

Hence without expressing any opinion on the merits of the matter, and considering the fact that the petitioner's claim would fall for consideration, to be within the ambit of the provisions contained under Section 13 (3) to be read with Section 17 (b) (4) of the Transfer Act, 2017.

This writ petition is being disposed of with a direction to the respondent No.2, to take a decision on the representation of the petitioner dated 15.09.2020, seeking her transfer from "Bageshwar to Tehri Garhwal", as well under the spouse policy, and also considering the recommendation, which has been made by the Chief Medical Officer on 10.12.2020. It is expected that the respondent No.2, will take a decision on the same as expeditiously as possible, but not later than three months from the date of the production of the certified copy of this judgment.

Subject to the above observations, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 30.07.2021

NR/