WPSB/415/2021
2021 Latest Caselaw 3918 UK

      IN THE HIGH COURT OF UTTARAKHAND
                           AT NAINITAL


     THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH
                          CHAUHAN

                                   AND

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA



               WRIT PETITION (S/B) No. 415 OF 2021


                     27TH SEPTEMBER, 2021
   Between:

   Praveen                                              ...Petitioner


   And


   State of Uttarakhand and another.                 ...Respondents


   Counsel for the petitioner:Mr.    Sandeep     Kothari,
                             learned    counsel.
   Counsel for the respondents: Mr.     B.S.    Parihar,
                                learned        Standing
                                Counsel for the State of
                                Uttarakhand.


   The Court made the following:


JUDGMENT : (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)



                The petitioner has raised a very limited

  prayer      before     this     Court,     namely,       that    his

  representation dated 17.09.2021, addressed to the

  Chief Engineer and the HOD, P.W.D., Dehradun, should



                                     1
 be    considered      by    the       Secretary,     P.W.D.     as

expeditiously as possible.


2.            Mr. Sandeep Kothari, the learned counsel

for   the    petitioner,   submits      that   by    order   dated

17.09.2021, the petitioner has been promoted to the

post of Assistant Engineer (Civil) in the Pay Scale of

Rs. 56100-209200, Pay Matrix Level-10.                  However,

the petitioner is being posted to a remote area.              The

petitioner     has    already         undergone      angioplasty.

Therefore, he is a cardiac patient.                 In case the

petitioner is compelled to work in a remote area, it

may certainly jeopardize his life. For, at the present

place of posting, namely, Temporary Division, Public

Works Department, Thatyud, District-Tehri Garhwal,

the health care infrastructure is extremely poor.

Therefore, the petitioner has filed a representation

dated 17.09.2021 before the Chief Engineer and the

HOD of the Public Works Department.                  However, so

far, the said representation has not elicited any

reaction.



3.            According to the learned counsel for the

petitioner, the said representation, in fact, has to be

routed through the Head of the Department to the

Secretary, Public Works Department.                 Therefore, he

                                  2
 prays   that     the   said   representation   should   be

considered sympathetically, and the transfer order

dated 17.09.2021 should be modified by posting the

petitioner to a place, where there would be sufficient

and necessary medical facilities considering his cardiac

ailment.



4.            On the other hand, Mr. B.S. Parihar, the

learned Standing Counsel for the State of Uttarakhand,

submits that the representation of the petitioner would

be considered within a reasonable time as specified by

this Court.


5.            Therefore, this writ petition is disposed of

by directing the respondent No. 1 to consider the said

representation of the petitioner within a period of two

weeks from today by giving an opportunity of hearing

and to pass a reasoned order. In case the petitioner is

aggrieved by the reasoned order, so passed, he shall

be free to challenge the same.           Meanwhile, the

operation of the order dated 17.09.2021 is stayed till

the decision on the representation of the petitioner.



6.            Let a certified copy of this order be issued

to the parties, on payment of the prescribed charges,

today itself.


                              3
 7.          In sequel thereto, pending application, if

any, also stands disposed of.



8.          No order as to costs.




               _____________________________
               RAGHVENDRA SINGH CHAUHAN, C.J.


                                ___________________
                                ALOK KUMAR VERMA, J.

Dt: 27th September, 2021 Rathour