WPSS/939/2021
2021 Latest Caselaw 2726 UK

                   Office Notes,
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sl. No   Date                                   COURT'S OR JUDGES'S ORDERS
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                                     WPSS No.939 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Via video conferencing).

Mr. Dinesh Gahatori, Advocate, for the petitioner.

Mr. P.C. Bisht, Additional CSC, for the State of Uttarakhand.

The Registry has reported that the writ petition suffers from certain defects.

Looking to the nature of the defects which have been pointed out. The same are rectifiable by the learned counsel for the petitioner himself. Since the counsel is present in the Court proceedings today, he is directed to make the necessary corrections by tomorrow i.e. 31.07.2021, so as to remove the pointed defects.

The brief facts of the writ petition and looking to the circumstances under which the writ jurisdiction has been invoked. The petitioner's case is that he has attained the age of 59 years, and he would be falling within the definition of a senior employee, as it has been defined under Section 3 (h) of the Uttarakhand Annual Transfer for Public Servants Act, 2017. He further contends that since he being a senior employee, and he is on the verge of the retirement and about to attain the age of superannuation on 30.04.2022, the respondents should have refrained themselves from transferring the petitioner from "Udham Singh Nagar to Tehri Garhwal", in the light of the legal obligation contained under Section 7 of the Uttarakhand Annual Transfer for Public Servants Act, 2017, which prohibits that under the normal circumstances such transfers of the senior employees, at the fag end of their services ought to be desisted.

In view of the aforesaid, while disposing of this writ petition directing the respondents to take a decision on the representation which is directed to be submitted by the petitioner within a period of two weeks from the date of the receipt of the certified copy of this judgment. The respondent No.2, will take a decision on the same within a period of six weeks thereafter and while deciding the said representation, he will take into consideration the provisions, which has already referred above by this Court in the above part of the judgment.

Till the decision is taken on the representation of the petitioner, the effect and operation of the transfer order dated 22.07.2021, exclusively so far it relates to the petitioner would be kept in abeyance.

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

(Sharad Kumar Sharma, J.) 30.07.2021

NR/