Uttarakhand High Court
Devendra Sundriyal vs State Of Uttarakhand on 12 December, 2023
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
THE ACTING CHIEF JUSTICE SHRI MANOJ KUMAR TIWARI
AND
JUSTICE SHRI VIVEK BHARTI SHARMA
WRIT PETITION (S/B) NO.306 OF 2023
12TH DECEMBER, 2023
Devendra Sundriyal ...... Petitioner
Vs.
State of Uttarakhand ...... Respondents
Counsel for the petitioner : Ms. Prabha Naithani, learned
counsel.
Counsel for the State : Mr. K. N. Joshi, learned D.A.G.
JUDGMENT:
(per the Acting Chief Justice Shri Manoj Kumar Tiwari)
By means of this writ petition, petitioner has
sought following reliefs:-
a) Issue a writ, order or direction in the nature
of Certiorari quashing the impugned order
dated 05.07.2023 (Annexure - 4) issued by
Chairman Board of Revenue Uttarakhand
Dehradun, only to the extent of place of
posting of petitioner to Tehri Garhwal.
b) Issue a writ, order or direction in the nature
of mandamus commanding and directing the
respondents to modify the order dated
05.07.2023 (Annexure-4) issued by
Chairman Board of Revenue Uttarakhand
Dehradun and petitioner may be given
posting on promotion post of Chief
Administrative Officer in Collectorate
Dehradun itself, so that his medical
treatment may not be disturbed.
c) Issue any other order or direction, which this
Hon'ble Court may deem fit and proper in the
circumstances of the case.
2. Petitioner was serving as Senior
Administrative Officer in Collectorate at Dehradun. He
was promoted to the post of Chief Administrative
Officer and was transferred on promotion to Tehri
Garhwal vide order dated 05.07.2023.
3. In present writ petition, petitioner has
challenged his transfer to Tehri Garhwal on the
ground that he is suffering from Kidney ailment and
there is no facility available at Tehri Garhwal for
treatment of such disease.
4. A Coordinate Bench vide order dated
18.07.2023 had directed the State to constitute a
Medical Board to examine petitioner's health
condition.
5. Learned State counsel would submit that
Medical Board in its report had opined that petitioner
needs dialysis at regular intervals. He points out that
dialysis facilities are available at District Hospital,
Narendra Nagar, District Tehri Garhwal and dialysis
machines are also functional there. Thus, he submits
that petitioner will not face any difficulty, if he joins
his services.
6. Learned counsel for petitioner submits that
petitioner is due to retire within next one year and as
per Government policy, the Government servants,
who are at the verge of their retirement, are given
choices regarding their place of posting, therefore,
she confines her prayer to the extent that petitioner
be permitted to make representation before
Competent Authority for redressal of his grievance.
7. We, accordingly, dispose of present writ
petition by permitting petitioner to make
representation to Chairman, Board of Revenue
Uttarakhand Dehradun/respondent no. 2 within one
week from today. If petitioner makes representation
in respect of his transfer within stipulated time, the
Competent Authority shall consider the same within
two weeks thereafter.
8. It is directed that for a period of three
weeks or till decision on petitioner's representation,
whichever is earlier, status quo qua petitioner's
posting shall be maintained.
___________________
MANOJ KUMAR TIWARI, ACJ.
___________________
VIVEK BHARTI SHARMA, J.
Dated: 12th DECEMBER, 2023
Akash
