HAR SINGH GUSAIN Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Har Singh Gusain
STATE OF UTTARAKHAND
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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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