SATISH KUMAR SINGHAL Vs. STATE OF UTTARAKHAND AND OTHERS
HIGH COURT OF UTTARAKHAND
Satish Kumar Singhal
State of Uttarakhand and others
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(1.) Heard learned counsel for the parties and perused the record.
(2.) In the year 1995, the petitioner was appointed as Junior Assistant in the Health Department. On 21 st March, 2010, Director General Medical Health & Family Welfare, Uttarakhand passed order whereby several persons were promoted to the post of Senior Assistant in the Health Department. The petitioner was also promoted by the said order and was posted at Community Health Centre, Sahaspur, Dehradun. On 5th April, 2011, the Chief Medical Officer, Dehradun wrote to the Director General Medical Health & Family Welfare, Uttarakhand requesting him to adjust the petitioner at Community Health Centre, Vikas Nagar, however no order was passed on the said recommendation, but the petitioner was permitted to continue at his present place of posting. On 3rd September, 2012, the Chief Medical Superintendent/ respondent no.4 directed the petitioner to handover the charge of the post to Mr. Kuldeep Baudai, Senior Assistant and to proceed to join at his place of transfer i.e. Community Health Centre, Sahaspur, Dehradun. The petitioner challenged the order dated 03.09.2012 passed by respondent no.4.
(3.) Submission of learned counsel for the petitioner is that the transfer order cannot be implemented after a period of 11/2 years. He submitted that, in fact, in the backdrop of relieving order, the petitioner is being transferred. He submitted that relieving order cannot be passed in the shape of transfer order, and as such the order dated 3rd September, 2012 is illegal. Learned counsel for the petitioner also referred the letter of Chief Secretary dated 08.06.2012 written to all the Head of Departments in the State of Uttarakhand, mentioning the last date for transfers as 5th July, 2012.;
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