HAR SINGH GUSAIN Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-9-3
HIGH COURT OF UTTARAKHAND
Decided on September 18,2012

Har Singh Gusain Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

PRAFULLA C.PANT, J. - (1.) IN both the above writ petitions the petitioners have challenged their transfer orders from one District Rural Development Agency (for short DRDA) to another.
(2.) HEARD learned counsel for the parties at length, and perused papers on record. Brief facts are that the writ petitioner (of Writ Petition No. 872 of 2011 (S/S)) Har Singh Gusain was initially appointed as junior clerk by District Magistrate/Chairman DRDA, Nainital, vide letter dated 2.3.1987. Later, he was promoted as Stenographer vide order dated 28.2.1992, by Chief Development Officer/Chairman DRDA, Nainital. He is transferred vide impugned order dated 11.7.2011, passed by respondent no. 2 Dy. Commissioner (Administration) Rural Development, Pauri Garhwal, from DRDA Nainital to DRDA Champawat. Aggrieved by said order, the writ petition has been filed by said writ petitioner, inter alia on the ground that an employee of one DRDA cannot be transferred to another.
(3.) IN Writ Petition No. 1101 (S/S) of 2011, the facts are that writ petitioner Anil Kumar Jain was appointed as Investigator (Technical)/Assistant Engineer by District Magistrate/ Chairman DRDA, Hardwar, vide order dated 2.2.1990. In said appointment letter it is clearly mentioned that the services of the appointee (Anil Kumar Jain) are transferrable to any District within the State. He is aggrieved by the impugned order dated 11.7.2011, passed by respondent no. 2 Dy. Commissioner (Administration) Rural Development, Pauri Garhwal, whereby said writ petitioner has been tranferred from DRDA, Hardwar to DRDA Almora. This writ petitioner has challenged his transfer order inter alia also on the ground that his services are not transferrable from one DRDA to another. Both these writ petitions were being earlier heard by learned single judge.;


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