HARISH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS writ petition was dismissed for non-prosecution by a learned Single Judge of this Court vide order dated 3.3.2011. Now a restoration application has been filed by the petitioner. Reasons assigned in the restoration application for recalling the order dated 3.3.2011 appear to be bona fide. Restoration application (MCC No. 136 of 2011) is allowed. Order dated 3.3.2011 is recalled. Writ petition is restored to its original number.

(2.) HEARD Sri Kurban Ali, Advocate for the petitioner as well as Sri N.P. Sah, Standing Counsel for the State of Uttarakhand on merits.

(3.) NOT only the said orders which have been passed in the case of the petitioner are absolutely arbitrary but what is more important at the present juncture is that they are totally without jurisdiction, as the petitioner being a class IV employee cannot be transferred outside the district. The only reason for transferring the petitioner is that he has been working in a particular inter college for the last 27 years then he could have been transferred to another inter college in the same district. Transferring him from Pauri Garhwal to Pithoragarh only for the reason that he has been serving for the last 27 years in a particular college, though his appointment is a district level appointment, is wholly illegal. Therefore, the order dated 8.6.2010 passed by the Director, School Education, Uttarakhand (Annexure no. 3 to the writ petition) cannot be sustained and the same is hereby quashed.