RAJENDRA SINGH PARWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Issue notice.

(2.) The special appeal is directed against the order passed by the learned Single Judge in Writ Petition (S/S) No. 539 of 2023, dtd. 6/4/2023, dismissing the petition preferred by the appellant / writ petitioner. The appellant had preferred the said writ petition to assail the rejection of his representation against his transfer from Nawadkhera, Haldwani to Pahadpani, Nainital, within the same district. The appellant had earlier preferred Writ Petition (S/S) No. 12 of 2023, against his said transfer. That writ petition was disposed of on 5/1/2023, permitting the appellant to make his representation to the Competent Authority with a direction to give an undertaking in his representation, that he will serve anywhere in the State once Board Examinations of his daughter is over. The Competent Authority was required to dispose of the representation within six weeks. Consequently, the Additional Director (Secondary Education) Nainital, who was the Competent Authority, rejected the representation made by the appellant on 17/3/2023. It was again assailed by the appellant in Writ Petition (S/S) No. 539 of 2023. The learned Single Judge has rejected the writ petition in view of the fact that the appellant had given the undertaking that he will proceed on transfer, in case, his representation is rejected. Learned Single Judge has also observed that transfer is an incidence of service, and in the absence of malice or violation of rules, interference with such an order would not be appropriate.

(3.) The submission is that the case of the appellant should be placed before the State Medical Board to consider, whether the petitioner is a serious patient, as defined in Sec. 3(d) of the Uttarakhand Annual Transfer for Public Servants Act, 2017.