- (1.) RAJEEV Gupta, C. J. Appellant Smt. Satyawati Chauhan has filed this Special Appeal under Chapter VIII Rule 5 of the High Court Rules against the impugned judgment dated 09-04-2007 passed in Writ Petition No. 1525 of 2005 (S/s ).
(2.) APPELLANT Smt. Satyawati Chauhan filed the writ petition for the following reliefs : "a) Issue a writ, order or direction in the nature of certiorari quashing the order dated 26-09-2005 contained Annexure No. 7 passed by the respondent no. 2. b) Issue any other relief, which this Hon'ble Court may deem fit and proper in the circum stances of the case, may be passed in favour of the peti tioner. c) Cost of the petition be awarded in favour of the peti tioner. " The appellant was working as Health Visitor (Woman) in district Tehri Garhwal. She was transferred by Additional Director, Garhwal Mandal, Pauri from Tehri Garhwal to Dehradun vide order dated 02-04- 2005. The Director General, Medical Health and Family Welfare, Dehradun, vide order dated 26th September, 2005 cancelled the aforesaid transfer order on the ground that she could not have been transferred to another district without prior approval of Direc tor General, Medical Health and Fam ily Welfare, Dehradun as the appellant was working on a district cadre post.
(3.) SRI Lok Pal Singh, the learned counsel for the appellant, vehemently argued that other similarly situated persons working on district cadre post, were transferred in the past from one district to another district and their transfer orders have not been can celled. Admittedly, appellant Smt. Satyawati Chauhan was working on a district cadre post. It is also not in dis pute that the seniority of the persons working on district cadre post is main tained at district level. As such, the ap pellant's transfer, without prior ap proval of the Director General, Medi cal Health and Family Welfare, ex facie, was illegal and liable to be can celled and has been rightly cancelled by the Director General. Merely be cause some illegal and wrong orders about the transfer of other persons were passed in the past, cannot be a ground for seeking a writ of mandamus to the authorities to pass another wrong order.;