RAM KRISHNA YADAV Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner seeks a writ of certiorarified mandamus to quash the transfer order dtd. 8/6/2018, passed by the second respondent along with its effect and operation, after calling for the entire records from the respondents, and also to allow the petitioner to continue to work at his present place of posting in the Construction Division, P.W.D. Chinyalisaur, Uttarkashi, and to consider his request for optional transfer keeping in view the facts highlighted in the body of the writ petition.

(2.) The petitioner was transferred from the Construction Division, P.W.D. Chinyalisaur, Uttarkashi to PMGSY, Division Narendra Nagar in District Tehri Garhwal. The said order of transfer was challenged on the following grounds:- (1) the petitioner is aged 56 years, and employees aged 55 years and above are classified as senior citizens and are exempted from transfer; (2) the petitioner'swife is suffering from cancer and, even on the ground of medical ailment of the spouse, the petitioner is entitled to be exempted from transfer; (3) the Transfer Act requires the public servant to be given ten options, and for transfer to be effected on the basis of the options exercised by the employee concerned; and while the petitioner indicated ten places of his choice of posting, the respondent had, ignoring the options exercised by him for places 1 to 8, had instead transferred him to the place he had exercise as option No. 9 i.e. Narendra Nagar, thereby depriving him of his right to be given his preferential choice of posting; and (4) the petitioner had, among his options, sought to be posted at the Temporary Division in Rishikesh where the All India Institute of Medical Sciences is situated, and where his wife is undergoing treament.

(3.) Pursuant to the interim order passed by this Court on 26/6/2018, the petitioner continues to work at Uttarkashi till date.