WPSS/1596/2022
2022 Latest Caselaw 2650 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPSS No.1594 of 2022
                                  with
                                  WPSS No. 1596 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Shobhit Saharia, Advocate for the petitioner.

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

Mr. Yogesh Pandey, Advocate for respondent nos. 2 to 4.

Heard learned counsel for the parties.

Writ Petition (S/S) No. 1594 of 2022 has been filed by Mr. Manoj Kumar; while, Writ Petition (S/S) No. 1596 of 2022 has been filed by his wife. In both the writ petitions, order dated 03.08.2022 passed by Director, Women Dairy Development Project has been challenged, whereby petitioners in both the writ petitions, have been transferred from Haridwar to Tehri.

Since common questions of law and facts are involved in both the writ petitions, therefore they are heard together and are being decided by a common judgment. However for sake of brevity, facts of Writ Petition (S/S) No. 1594 of 2022 alone are being considered and discussed.

Petitioner was appointed on contract in Women Dairy Development Project in District Uttarkashi, in the year 1994. Presently, he is serving in District Haridwar since the year 2002. According to the petitioner, his contract is renewed on year to year basis, after assessment of his work and performance. Presently, petitioner is being paid `19,200/- per month as remuneration, however, according to him, after deduction of EMI in respect of a Home loan taken by him, his take home salary is only `9,000/-

The impugned transfer order is challenged on the ground that daughter of the petitioners is studying in 12th standard, who would appear in the Board Examinations in March, 2023, therefore, transfer of petitioner and his wife from Haridwar to Tehri, at this stage, will not only affect the studies of their daughter; but, will also cause huge financial burden upon the petitioners.

It is further contended that there are 130 contract employees serving in the Project in the entire State, however, petitioners alone have been picked up for transfer, which reveals that there is something more to it than what meets the eye. It is further submitted that petitioners are serving in a Project in District Haridwar, which is an independent Unit, therefore, they cannot be transferred to another Unit in District Tehri. Even otherwise also, services of contract employees are not transferable. It is further contended that there is no complaint or adverse material against petitioners, which may justify their transfer to a different Unit. It is further contended that transfer of petitioners is actuated with malice, as in a pending enquiry against Chairman of Milk Federation, Haridwar, statements of both the petitioners were recorded.

Annexure-8 to the writ petition is a letter issued by General Manager, Haridwar Milk Producers Cooperative Federation Ltd. to Director, Women Dairy Development, Uttarakhand. Perusal of the said letter reveals that on 03.08.2022, General Manager of the Federation had recommended the representation submitted by petitioner to Director, wherein it is stated that petitioners are discharging duties with due honesty and dedication to the satisfaction of all concerned. General manager has further endorsed the difficulties, which petitioners would face, on account of their transfer to Tehri.

Learned counsels for respondents, however, submit that petitioners were transferred to Tehri due to administrative exigency; this is a case of routine transfer and allegation of malice is unfounded.

Having regard to the facts and circumstances of the case, the writ petitions are disposed of with a direction to respondent no. 2 to take decision on the representation(s) submitted by petitioners on 03.08.2022, as per law, within six weeks, in the light of the fact that petitioners' daughter would be appearing in Board Examinations scheduled to be held in the month of March, 2023.

For a period of six weeks', petitioners shall not be relieved pursuant to the impugned transfer orders.

(Manoj Kumar Tiwari, J.) 25.08.2022 Arpan