LAWS(UTN)-2019-7-255

OM KUMAR Vs. STATE OF UTTARAKHAND

Decided On July 05, 2019
OM KUMAR Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Heard Mr. Bhagwat Mehra, learned counsel for the petitioner and Ms. Puja Banga, learned Brief Holder for the State of Uttarakhand and, with their consent, the writ petition is disposed of at the stage of admission.

(2.) The petitioner, a Veterinary Officer Grade-II working at Kotdwar, District Pauri Garhwal, was transferred on administrative grounds to Khaliyanbangar, District Rudraprayag vide order dtd. 22/6/2019. A common order was passed regarding compulsory transfer of several employees from accessible to inaccessible areas, from inaccessible to accessible areas, and transfers on request. The petitioner was, however, the only employee who was transferred on administrative grounds.

(3.) It is the petitioner's case that, since he joined at Kotdwar in September, 2017, and has not even completed two years of service thereat, he is not eligible to be transferred under the Compulsory Transfers category i.e. compulsory transfer from accessible areas to inaccessible areas; and the order of transfer, on administrative grounds, is in violation of Sec. 18(4) of the Uttarakhand Annual Transfer for Public Servants Act, 2017.