SANDHYA RAJ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner, in the present writ petition, has given a challenge to the impugned order of transfer dtd. 20/01/2021, as was passed by respondent no. 1, whereby her services of the petitioner, which she was discharging, as an In-charge Medical Officer, E.S.I. Dispensary, Jaspur, District Udham Singh Nagar, have been sought to be transferred from the said place of posting to Kotdwar, District Pauri Garhwal. The impugned order of transfer, as had been passed by the Secretary, Labour Department, to the State of Uttarakhand, had been passed by making a reference to the provisions contained under Sec. 27, as well as Sec. 18(4) of the Transfer Act. Both the provisions are extracted hereunder:

(2.) This committee shall submit its recommendations for the approval of Chief Minister regarding the difficulties arising in application of this Act or such unforeseen matters which are not included in this Act, thereafter the State Government may make rules as required."

(3.) If the provisions contained under Sec. 27(2) of the Act itself is taken into consideration, it provides that, where the Committee, thus, constituted under sub-sec. (1) of Sec. 27 takes a decision, it has had to be compulsorily approved by the Chief Minister, under sub-sec. (2) of Sec. 27.