JASWANT SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The writ petitioner was brought at Haldwani, situate in the District of Nainital, on 22nd December, 2007. While the petitioner was at Haldwani, the Government came up with a transfer policy. In that it was provided that at 'Sugam places' an Officer may be retained for three years, but not beyond five years. The policy directed the departments to declare, which areas are 'Sugam Places'. Petitioner is attached to Commercial Tax Department. Nothing has been shown that the Commercial Tax Department has decided that Haldwani is a 'Sugam Place' for the said Department. However, the learned Counsel for the State has accepted that, for the Commercial Tax Department, Haldwani may be treated as a 'Sugam place'. In such view of the matter, in terms of the policy, which came into force in the year 2008, the petitioner should have been retained at Haldwani, District Nainital, for a period of three years, at least. In terms of the policy, he could also be retained upto five years at Haldwani from 22nd December, 2007. The petitioner was constrained to approach this Court, inasmuch as, on 4th July, 2009, he was transferred out from Haldwani, District Nainital. The State has justified such transfer on the ground, that the petitioner was posted at the Check-Post and according to the policy of the Commercial Tax Department, no Officer can remain attached to a Check-Post for a period in excess of one year and that there was shortage of officers. Petitioner was transferred out from Haldwani, District Nainital on 4th July, 2009. The State has stated that the petitioner cannot compare himself with people mentioned by him in the writ petition, who are posted in different districts for periods in excess of three years, but why the petitioner cannot compare them with himself, has not been indicated. Unless a situation crops up, which is beyond comprehension, or unless for administrative reasons there is a requirement, Officers at 'Sugam place' should be permitted to remain there for a period of three years at least, although, he may be assigned different duties within the district during the said period of three years. This is for the purpose of enabling the Officers of the Government to live a normal life, and not a life of a nomad. In the event, a Government Officer is shifted from one district to other too frequently, he is likely to suffer. The order dated 4th July, 2009, impugned in the writ petition, whereby the petitioner had been transferred out of District Nainital, which is apparently contrary to the transfer policy, is accordingly quashed.

(2.) This order will not prevent the State to transfer the petitioner out of District Nainital, after the petitioner has remained in the District of Nainital either at Haldwani or at some other place, until 23rd December, 2010, which may extend until 22nd December, 2012.

(3.) The writ petition is accordingly, disposed of.