Hem Chandra Punetha v. State of Uttarakhand

Uttarakhand HC8 Jul 2022WPSS/1250/2022

Case brief

from the order text

Office Notes, reports, orders or proceedings…

AI extract

Issue for consideration

Whether the writ court should interfere in the administrative transfer of a Group 'D' employee due to personal medical grounds.

SL. No	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGES’S ORDERS
			WPSS No. 1250 of 2022 Hon’ble Man oj Ku m ar Tiw ar i, J.
			Mr. Dushyant Mainali, Advocate for the petitioner. Mr. V.S. Rawat, Brief Holder for the State of Uttarakhand.
			Heard learned counsel for the parties. Petitioner is serving on a Group ‘D’
			post of Sahyogi in Cooperative
			Department. He is aggrieved by his transfer from Pithoragarh to Almora vide order dated 19.05.2022. In this writ petition, petitioner has challenged the transfer order. Perusal of the transfer order reveals that petitioner’s transfer has been made
			in view of restructuring in the Department. Learned counsel for the petitioner submits that petitioner’s wife is suffering from a medical condition and petitioner is also a senior employee, therefore, he could not have been transferred at this stage.

Since petitioner has be	en
transferred in view of administrat	ive
exigency and there is no allegation	of
malice or violation of Rules, therefo	re,
this Court is not inclined to interfere	in
the matter. However, having regard	to
the personal difficulties being faced	by
the petitioner, as pointed out by learn	ed
counsel for the petitioner, the w	rit
petition is disposed of with liberty	to
petitioner to make representation	to
Competent Authority, within one we	ek
from today. If such representation	is
made within the stipulated peri decision thereupon shall be taken wit a period of two weeks’ from the date receipt of representation alongw certified copy of the order. ( Man oj Ku m ar Tiw ar i, 08.07.2022 Arpan	od, hin of ith J.)