JAIVEER SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The bunch of present Writ Petitions has been preferred by the petitioners challenging the orders dated 19.09.2016 and 01.10.2016, annexed as Annexure Nos. 8, 9 & 10 to the Writ Petition as well as the transfer list dated 22.05.2018, which relates to the petitioners, contemplating to transfer them under the Compulsory Transfer Policy as framed under the Act.

(2.) The petitioners have filed the writ petition for the following reliefs:-

(3.) The precise question, which has been sought to be agitated by the petitioners, is that under the transfer rules, which was framed under Article 309 of the Constitution of India, as back as in 2013 regulating transfer conditions of the petitioners, it contemplated in it a process of categorizing the institutions and, under those categorization the Institutions in which the petitioners have rendered their services were determined as to be Durgam and, accordingly, their services which was determined as to have been rendered in Durgam Institution, the benefit of services rendered therein ought to have been carried forwarded while determining their categorization under the Act of 2017. The petitioners submit that the services rendered in Durgam cannot be rendered futile and it cannot be excluded from its determination under the Rules of 2017.