SHAUKAT ALI Vs. STATE OF UTTARAKHAND AND ANR.

JUDGEMENT

(1.) A decision of the Government pertaining to its employee is binding on each and every employee of the Government. No employee of the Government can act contrary to such policy either in relation to him or in relation to any other employee of the Government. In the instant case, it appears that the Government has made a policy pertaining to transfer of its employee, in that it has been provided that if an employee has served at a difficult location for a period of five years or in excess, without his consent he cannot be transferred to again at a difficult place. The petitioner has worked at difficult places since the date of his appointment. He was lastly transferred to Ramgarh, which is also a difficult place. He is working at Ramgarh since 2009. Prior thereto, the petitioner was posted at Okhalkanda where he served since 06.11.2007 and even Okhalkanda is a difficult place. Even before serving at Okhalkanda, the petitioner served at Ratighat since 01.06.1999 i.e. the date he was appointed. Ratighat is also a difficult place. The petitioner, therefore, has remained in difficult place at three locations for a period in excess of five years. The petitioner has not given consent for being again transferred to a difficult place. By the order dated 6th August, 2010 petitioner has been transferred to Pokhra, which is again a difficult place. The petitioner has highlighted all these things in the present writ petition, which has not yet been responded. In order to expedite the matter, we require the respondent No. 2 to decide the representation, as contained in the writ petition, as expeditiously as possible in accordance with law and by giving reasons thereupon. Until such time the representation is not decided, the petitioner shall be entitled to draw salary from the place where he is presently posted, even though the new incumbent may join the post in question from where he has been transferred. It is made clear that the petitioner would not be required to join his transferred post until such time his representation is decided and that he shall be treated to be on duty for the entire period when the representation will remain under consideration, though, the petitioner may not be discharging actual duty in the School from where he has been transferred no sooner his replacement will join the same.