Uttarakhand High Court
WPSB/641/2021 on 3 January, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 3rdDAY OF January, 2022
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
AND
HON'BLE SHRI JUSTICE ALOK KUMAR VERMA
Writ Petition (S/B) No. 641 of 2021
BETWEEN:
SadhnaSaxena& others. ....Petitioners
(By Mr. T.A. Khan, Senior Advocate assisted by Ms. DivyaJaiswal,
Advocate holding brief of Mr. Ravi Shankar Kandpal, Advocate)
AND:
State of Uttarakhand & another. ....Respondents
(By Mr.VikasPande, Standing Counsel for the State)
This Writ Petition coming on for hearing this day,
Hon'bleShri Justice Manoj Kumar Tiwari, J. delivered the
following Judgment:
JUDGEMENT
All the petitioners are serving in
Collectorate Establishment in District Dehradun.
Petitioner nos. 1 & 2 are serving as Chief
Administrative Officer; while, petitioner nos. 3 & 4
are Senior Administrative Officer. Petitioners are
aggrieved by their transfer vide order dated
24.12.2021.
2. Perusal of the impugned transfer order
reveals that, in view of impending Assembly
Elections, petitioners have been transferred.
3. Learned Standing Counsel points out
that petitioners have been transferred in view of
the directives issued by Election Commission of
India to ensure purity of elections.
4. Mr. T. A. Khan, Senior Advocate
appearing for the petitioners submits that
petitioner no.1 is due to retire in the month of
May, 2023; regarding petitioner no.3, he submits
that he is facing a medical condition, due to which
he has to undergo dialysis at regular intervals;
regarding petitioner no.4, he submits that he is
resident of District Saharanpur, therefore, his
transfer on the ground that he is permanent
resident of Dehradun, is bad.
3. It is not in dispute that Election Commission
of India has issued directives for transferring all
such Government employees who are posted in
the same district for more than three years. The
directives issued by Election Commission of India
further provides that a person, who is posted in
his home district, should also be transferred to
some other district.
4. Since petitioners have been transferred
in view of the directives issued by Election
Commission of India and any interference with the
impugned transfer order at this stage would
hamper free and fair election, therefore, this Court
is not inclined to interfere in the matter. However,
having regard to the nature of illness, which
petitioner no.3 is alleged to have been suffering,
and also the peculiar problems of other
petitioners, the writ petition is disposed of with
liberty to petitioners to make a joint
representation to the competent authority
regarding their transfer. It shall be open to the
petitioners to submit their representation through
e-mail. If petitioners make such representation
within 48 hours to the Chairman, Board of
Revenue, decision on petitioners' representation
shall be taken as early as possible but not later
than 10 days from the date of receipt of
representation alongwith certified copy.
(MANOJ KUMAR TIWARI, J.)
(ALOK KUMAR VERMA, J.)
Nahid
