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 D.R.D.A.) to another. Heard learned counsel for the parties at length, and perused papers on record.
(2.) 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 D.R.D.A., Nainital, vide letter dated 2.3.1987. Later, he was promoted as Stenographer vide order dated 28.2.1992, by Chief Development Officer/Chairman D.R.D.A., Nainital. He is transferred vide Impugned order dated 11.7.2011, passed by respondent No. 2 Dy. Commissioner (Administration) Rural Development, Pauri Garhwal. from D.R.D.A. Nainital to D.R.D.A. 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 D.R.D.A. cannot be transferred to another. 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 D.R.D.A., 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 transferable 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 transferred from D.R.D.A., Hardwar to D.R.D.A. Almora. This writ petitioner has challenged his transfer order inter alia also on the ground that his services are not transferable from one D.R.D.A. to another. Both these writ petitions were being earlier heard by learned single Judge.
(3.) IN writ petition No. 872 (S/S) of 2011, vide order dated 20.6.2012, learned single Judge observed that in view of the conflicting decisions of Division Benches of this Court, the issue as to whether D.R.D.A. is an autonomous body, and whether the employee of one D.R.D.A. can be transferred to another D.R.D.A. requires to be resolved by Larger Bench. In writ petition No. 1101 (S/S) of 2011. it was directed that order passed In the writ petition No. 872 (S/S) of 2011, be seen.;