HEM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Parikshit Saini, learned counsel appearing on behalf of the appellant-writ petitioner and Mr. C.S. Rawat, learned Additional Chief Standing Counsel appearing on behalf of the State Government and, with their consent, the Special Appeal is disposed of at the stage of admission.

(2.) This appeal is preferred against the order passed by the learned Single Judge in Writ Petition (S/S) No. 1886 of 2018 dtd. 3/5/2019. The appellant herein filed Writ Petition (S/S) No. 1886 of 2018 questioning his transfer from Haridwar to Kotdwar in Pauri District. He sought a writ of certiorari to quash the order dtd. 8/6/2018 issued by the second respondent; and a writ of mandamus directing the second respondent to conduct the transfer exercise for Junior Engineers/ Additional Assistant Engineers of the Rural Works Department de novo by adhering to the Transfer Act in letter and spirit.

(3.) The petitioner was transferred, from Haridwar in a Sugam area to Kotdwar in a Durgam area, by the order dtd. 8/6/2018. In the order under appeal, the learned Single Judge noted the submission, urged on behalf of learned counsel for the appellant-writ petitioner, that the appellant-writ petitioner had served at various Durgam places i.e. Tehri Garhwal, Pauri and Ghansali for more than 10 years; he was, therefore, entitled to be posted at a Sugam place in terms of the Annual Transfer Act, 2017; his transfer from Haridwar to Kotdwar was unjust and illegal; and, by the impugned order, the competent authority had passed transfer orders in excess of the ceiling limit of 10 percent, which is violative of the Annual Transfer Act, 2017. The learned Single Judge, thereafter, noted the submission, urged on behalf of the State Government, that the appellant-writ petitioner stood at Sl. No. 6 in the list of 10 percent Junior Engineers/Additional Assistant Engineers, who fall within the purview of compulsory transfer; the appellant-writ petitioner was posted in a Sugam area for more than 10 years; his total service in a Durgam area was only two years; and the appellant-writ petitioner was rightly transferred in accordance with the provisions of the Annual Transfer Act, 2017.