LAWS(UTN)-2016-7-61

KISHAN SINGH NEGI AND OTHERS; SUMANT PRASAD BHATT; JAMAN SINGH BHAISORA AND ANOTHER; NARESH CHANDRA PANT AND OTHERS; FAHEEM AHMAD; KALYAN SINGH RAWAT AND ANOTHER; SHYAM SINGH LATWAL AND ANOTHER; SURYA PRAKASH AND ANOTHER; DINESH KUMAR AND OTHERS; VIRENDRA Vs. STATE OF UTTARAKHAND AND OTHERS

Decided On July 21, 2016
Kishan Singh Negi And Others; Sumant Prasad Bhatt; Jaman Singh Bhaisora And Another; Naresh Chandra Pant And Others; Faheem Ahmad; Kalyan Singh Rawat And Another; Shyam Singh Latwal And Another; Surya Prakash And Another; Dinesh Kumar And Others; Virendra Appellant
V/S
State of Uttarakhand and others Respondents

JUDGEMENT

(1.) Since the issue involved in all these writ petitions is the same, therefore, they are heard together and are being decided by this common judgment.

(2.) All the petitioners before this Court are employees in Transport Department, Uttarakhand. They are aggrieved by the impugned orders dated 12.07.2016, 13.07.2016 and 14.07.2016, as the case might be, by which their earlier order of transfer, consequent to which they had already joined in their designated place, has been recalled and they have been reverted to their earlier place of posting. The controversy in short is that some of the petitioners were transferred primarily vide order dated 30.05.2016 and others vide order dated 06.07.2016 by the appointing authority from one place to another in the State of Uttarakhand. Thereafter, the Chief Secretary, vide its order dated 12.07.2016 passed an order stating that this year i.e. 2016-17 has been declared as "Zero Session" as far as routine transfers are concerned. Meaning thereby, the routine transfer shall not be made this year. Although no reason has been assigned for this, however, the learned State Counsel on the instructions in this matter has informed this Court that this "Zero Session" for transfer has been declared in view of natural calamity such as cloud bursts and other such natural disaster occurring in different parts of the State of Uttarakhand, in June this year.

(3.) Be that as it may, the petitioners even prior to the order dated 12.07.2016 had admittedly joined at their new place of posting and now by the impugned orders (the reference of which has been given above), they have been reverted back. They are aggrieved by the impugned orders. Hence, the present petitions.