DR. MANISH PANT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Amish Tewari, learned counsel for the petitioner and Mr. B.P.S Mer, learned Brief Holder for the State of Uttarakhand and, with their consent, the Writ Petition is disposed of at the stage of admission.

(2.) The petitioner has invoked the jurisdiction of this Court seeking a writ of mandamus directing the respondents to relieve him from the post of Pediatrician (Medical Officer) at District Hospital Bageshwar to enable him to join at the place to which he was transferred ie the Mahila Hospital, Almora.

(3.) Facts, to the limited extent necessary, are that the petitioner was initially appointed as a Medical Officer on 29.09.2010 at the Primary Health Centre, Kapkot, District Bageshwar. After having worked there for six years, the petitioner was appointed at the Government Hospital, Bageshwar, wherein he continues to serve even as on date. The Uttarakhand Annual Transfer for Public Servants Act , 2017, makes provision for periodic transfer of government servants. In terms thereof, the petitioner was also transferred from the District Hospital, Bageshwar to the Mahila Hospital, Almora by proceedings dated 24.09.2018. Despite his transfer, the petitioner was not relieved since the order of transfer dated 24.09.2018 stipulated that the petitioner would be relieved only when a reliever came in his place.