RAJENDRA SINGH CHAUHAN S/O SRI HEERA SINGH CHAUHAN Vs. STATE OF UTTARAKHAND, THROUGH SECRETARY, DAIRY DEVELOPMENT DEPARTMENT, GOVERNMENT OF UTTARAKHAND,

JUDGEMENT

(1.) (Urgency Application No. 4427 of 2010).

(2.) THIS is an application for fixing an urgent date of hearing filed by Respondent No. 3. While considering the application, by consent of the parties, we took up the hearing of the writ petition on merit.

(3.) COUNTER affidavits have since been filed, whereby and under, the private Respondent has brought to our notice that each of the 13 districts of the State has got a post of Assistant Director, Dairy Development Department but there are only 8 officers in the cadre of Assistant Director, Dairy Development Department. It has been contended by the private Respondent that in such view of the matter an Assistant Director, Dairy Development Department is always made In -charge of two districts. It has also been contended that the Petitioner too was asked to discharge, on earlier occasions, duties of Assistant Director, Dairy Development Department of two districts, offices whereof were situated at a distance of about nearly 50 to 60 kms. It was contended that in such circumstances, it was unjust and improper on the part of the Petitioner to approach this Court, when he was asked to discharge the duties at Haldwani and at Almora. In addition to that, it has been stated that the Petitioner is at Haldwani since 18th July, 2009. It was also contended that the private Respondent was transferred to Almora after he was permitted to remain at Haldwani for one year. It was contended that in such circumstances, this Court should not interfere with the order impugned.