GHANSHYAM PANDEY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY way of instant petition, the petitioner has challenged the order dated 12.09.2013 passed by Addl. Director, School Education, Kumaun Region, Nainital/respondent No. 2. Further prayer has been made declaring the act of respondent No. 2 treating 31.03.2013 as point of reference for determining eligibility for transfer during transfer year 2013 -14 as arbitrary and illegal.

(2.) HEARD Mr. Manoj Tewari, Senior Advocate with Mr. Alok Mehra, Advocate for the petitioner, Mr. Subhash Uppadhyay, Standing Counsel for the State/respondents and perused the record.

(3.) HE contended that petitioner's date of birth is 05.05.1958 and he completed 55 years of age on 04.05.2013, however vide order dated 12.09.2013, the petitioner has been transferred from G.I.C. Champawat to Govt. High School, Chalthi (Champawat). It was pointed out that vide order dated 20.06.2013, the petitioner was earlier transferred to Govt. High School, Khati, Bageshwar, which, however, was cancelled. He submits that entire information regarding the petitioner, including his age, is available with the respondent No. 2, who is also the appointing authority. The above transfer orders were issued after petitioner completed 55 years of age and since the Rules do not permit any transfer after completion of 55 years of age, therefore the impugned transfer order passed in respect of the petitioner, is unsustainable.