JAWAHAR LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this writ petition is given to the order dated 30.11.2019 passed by respondent no.4 by virtue of order impugned as passed by respondent no.4, the respondent no.4 has passed the impugned order by virtue of which petitioners have been repatriated to the principal cadre and the place of posting, which they were otherwise earlier holding, prior to the arrangement which was made to the place from where they have now been sought to be sent back i.e. to their respective the principal place of posting.

(2.) By the impugned order following directions were issued:-

(3.) This order, which has been challenged by the petitioners it is under the pretext, that the order of drawing the provisions contained under Uttarakhand Annual Transfer for Public Servants Act, 2017, extracting the reasoning and law as given therein, he submits that the transfer would be bad in view of the provisions contained under Section 15 being a mid session transfer. Secondly he submits that the impugned order of transfer dated 30.11.2019 being bad on account of the violation of the provisions contained under Section 17 of the Act, with regards to the ailment and lastly he argues that the Coordinate Bench of this Court has already admitted one of the writ petition against a common cause and an interim order has been passed, he claims parity of it.