LAWS(UTN)-2014-8-66

NAZAR ALI Vs. STATE OF UTTARAKHAND

Decided On August 04, 2014
NAZAR ALI Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) BOTH these writ petitions pertain to transfer of Executive Officers from one Nagar Palika Parishad to another Nagar Palika Parishad. The petitioner in Writ Petition No.968 (SS) of 2014 is aggrieved by his transfer order dated 24.06.2014, by which he has been transferred from Nagar Palika Parishad, Jaspur, District Udham Singh Nagar to Nagar Panchayat, Augustmuni, District Chamoli. By an order dated 10.07.2014, passed by this Court, it was directed to the petitioner to join at Nagar Panchayat, Augustmuni, District Chamoli in order to show his bonafide. Against the said order dated 10.07.2014, petitioner filed a Special Appeal No.322 of 2014, which was disposed of with the following order dated 18.07.2014: -

(2.) MEANWHILE , the petitioner in Writ Petition No. 1086 (SS) of 2014 who was also an Executive Officer in Nagar Panchayat, Lalkuon, District Nainital has been transferred to Nagar Palika Parishad, Jaspur, District Udham Singh Nagar. However, in view of the interim order dated 18.07.2014, passed by the Division Bench of this Court in Special Appeal No. 322 of 2014 petitioner is not being given charge of Executive Officer in Nagar Palika Parishad, Jaspur. This Court has been informed that the petitioner in Writ Petition No. 1086 (SS) of 2014 was also given the additional charge of Executive Officer of Nagar Panchayat, Mahuadabra along with the charge of Nagar Palika Parishad, Jaspur.

(3.) IN both the writ petitions, the primary grievance of the petitioners is that they have been frequently transferred from one place to another, which is against the transfer policy which is also causing a lot of harassment to them. According to the transfer policy, a person can normally stay for a minimum period of three years at one place of posting.