WPSB/623/2021
2022 Latest Caselaw 7 UK

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. 623 of 2021

BETWEEN:

GirishLal.                                 ....Petitioner
      (By Mr. Shivanand Bhatt, Advocate)



AND:

State of Uttarakhand & others....Respondents
      (By Mr.C.S. Rawat Chief Standing Counsel with Mr. K.N. Joshi, Deputy
      Advocate General for the State/respondent nos. 1 & 2)

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


                         JUDGEMENT

Petitioner is posted as Sub Treasury Officer, Satpuliin District PauriGarhwal. He is aggrieved by his transfer to Sub Treasury Ghat, District Chamoli vide order dated 24.12.2021.

2. It is the contention of the petitioner that he was transferred to Satpuli, District Pauri Garhwal on request only in the month of August 2021. It is further his contention that petitioner is 58 years of age and he is due to retire in next two years, therefore, his transfer at the fag end of his service career, that too when he was brought to Satpuli on request, is unjust and unsustainable.

3. Per contra, learned counsel for the State submits that since petitioner's home district is Pauri Garhwal, therefore, he has been transferred in view of the directives issued by Election Commission of India on 22.10.2021.

4. Learned counsel for the petitioner submits that petitioner is not covered by the directives issued by Election Commission of India, as Class-II Officers of Government Treasury are not assigned any election duty, therefore, petitioner's transfer, under the garb of directives issued by Election Commission of India, is unwarranted.

5. After arguing for a while, learned counsel for the petitioner confines his prayer and submits that petitioner has already made a representation to Director, Treasury, who may be directed to take decision thereupon at the earliest.

6. Learned State counsel submits that Director, Treasury is not competent to take decision on petitioner's representation, therefore, he submits that if petitioner makes a fresh representation to Secretary, Finance, Government of Uttarakhand, then the Secretary, Finance will decide the matter.

7. Accordingly, the writ petition is disposed of with liberty to petitioner to make fresh representation to Secretary, Finance, within 48 hours. It shall be open to the petitioner to submit the said representation, through e-mail. If

petitioner makes such representation within stipulated period, then Secretary, Finance shall look into the matter and take appropriate decision, in accordance with law, within two weeks thereafter.

8. For a period of two weeks or till decision is taken by Secretary, Finance on petitioner's representation, whichever is earlier, status quo, regarding petitioner's posting, shall be maintained.

9. It is made clear that if petitioner fails to make representation within 48 hours, then he shall not be entitled to protection of this order.

10. Let a certified copy of this order be issued within 24 hours.

(MANOJ KUMAR TIWARI, J.)

(ALOK KUMAR VERMA, J.) Nahid