M.P.S. RAWAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Rakesh Thapliyal, learned counsel for the petitioner, Mr. Anil Kumar Bisht, learned Standing Counsel for the State of Uttarakhand-respondent nos. 1 and 2 and Mrs. Seema Sah, learned counsel for the third respondent-Corporation.

(2.) The petitioner questions the order dtd. 29/11/2018 whereby several employees including the fourth respondent were transferred to other departments. The fourth respondent was transferred, by the said order, to the third respondent-Corporation, a company incorporated under the Companies Act, 1956 and a legal entity distinct from that of the Government.

(3.) Mr. Rakesh Thapliyal, learned counsel for the petitioner, would submit that the Rules of the Corporation provide for appointment to the post of Regional Manager either by promotion or by deputation; an employee can be deputed to the Corporation only with the consent of the Corporation and not otherwise; in any event, the fourth respondent has not been sent on deputation to the Corporation, but has been transferred; such an order of transfer is, ex facie, illegal since an employee can be transferred by the Government only from one department to another, and not to a Corporation which is a legal entity distinct from that of the Government; there is only one post of Regional Manager, Kumaon Region, which is occupied by the petitioner; he is due to retire by the end of May, 2019; and since there is only one post of Regional Manager, appointment of the fourth respondent to the said post would automatically result in the petitioner being shifted elsewhere as two persons cannot hold the single post of Regional Manager.