WPSB/526/2021
2021 Latest Caselaw 4780 UK

     IN THE HIGH COURT OF UTTARAKHAND
                           AT NAINITAL
       ON THE 27TH DAY OF NOVEMBER, 2021
                                BEFORE:
      HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
                                       AND
     HON'BLE SHRI JUSTICE NARAYAN SINGH DHANIK

            Writ Petition (S/B) No. 526 of 2021

BETWEEN:

Saroj Kumar Mishra                                          ...Petitioner
      (By Ms. Yogesh Pant, Advocate)



AND:

State of Uttarakhand & others.                      ...Respondents
      (By Mr. K.N. Joshi, Deputy Advocate General with Mr. S.S. Chaudhary, Brief
      Holder for the State/respondent no. 1 to 6)


             This Writ Petition coming on for hearing this day,
      Hon'ble Shri Justice Manoj Kumar Tiwari, J. delivered the
      following Judgment:-


                            JUDGEMENT

Petitioner is an Ayurvedic Medical Officer, posted at Lohaghat, District Champawat. He has been transferred to Salla, District Pithoragarh vide order dated 11.11.2021. Thus, feeling aggrieved, petitioner has filed this writ petition, challenging his transfer.

2. Learned counsel for the petitioner has made various submissions against petitioner's mid-term transfer. He also submits that petitioner's transfer is in violation of provision contained in The Uttarakhand Annual Transfer for Public Servants Act, 2017.

3. Learned Standing Counsel, on instructions, submits that there were complaints against petitioner and he has been transferred with another employee posted at Lohaghat, based on findings in the enquiry report.

4. We are not inclined to interfere in the matter. Transfer is an incidence of service and transfer order can be challenged on limited grounds, which are not present in this case.

5. Learned counsel for the petitioner submits that petitioner is having a medical condition for which, he needs to be posted near plain area so that in case of an emergency, he may get timely medical aid. He confines his prayer and submits that petitioner has already made a representation for change of place of his posting and the Competent Authority be directed to consider petitioner's request and take appropriate decision, in accordance with law.

6. Having regard to the facts of the case, the writ petition is disposed of with direction to Secretary, Department of Ayush, to consider petitioner's representation dated 23.11.2021 (Annexure No.3 to the supplementary-affidavit) and take appropriate decision thereupon, as early as possible, but not later than four weeks from the date of production of certified copy of this order.

(MANOJ KUMAR TIWARI, J.)

(NARAYAN SINGH DHANIK, J.) Shubham