SURESH KUMAR MITTAL Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner is working as District Agriculture Officer, Moradabad, which is a Class II Service. By order dated 20.7.1996 of Director, Agriculture, Uttar Pradesh, Lucknow, a copy of which is Annexure 7 to the petition, he was transferred from Moradabad to Dogadda, Pauri Garhwal as Land Conservation Officer. THEre is no dispute that Dogadda, Pauri is a hill area. THE petitioner has sought a writ of certiorari quashing the order of transfer and also a writ of mandamus directing the opposite parties not to transfer the services of the petitioner to a hill region since he never opted for the hill sub-cadre and also because no prior permission of Uttaranchal Vikas Vibhag was obtained before passing the impugned order of transfer.

(2.) UNDER Rule 5 (1) of the Uttar Pradesh Hill Sub-Cadre Rules, 1992, a separate hill sub-cadre was constituted in respect of the posts mentioned in the appendix comprising Groups 'B', 'C and 'D' except for what is specifically mentioned therein. UNDER sub-rule (1) of Rule 6 the existing members of service were required by the Appointing Authority to exercise their option for allocation to Hill Sub-Cadre or for continuing in the General Cadre within three months. Sub-rule (3) provides that In case no option is exercised within the time specified in sub-rule (1), It will be deemed that the member of the service wants to remain in the general cadre and does not want his allocation to the Hill Sub-Cadre. Sub-rule (4) says that Appointing Authority shall prepare list of persons who have exercised their option for allocation to the Hill Sub-Cadre in accordance with the seniority of the persons as it stood In the service. Sub-rule (6) says that in case the number of persons In the list prepared under sub-rule (4) is less than the number of posts in the Hill-Sub-Cadre, the posts remaining vacant will be filled in accordance with the relevant Service Rules or executive instructions, as the case may be, applicable to Hill Sub-Cadre, provided that so long as the posts are not filled In accordance with the relevant service rules or executive instructions, as the case may be, the posts may be filled by transfer from general cadre.

(3.) IN the result, the petition is allowed with cost computed at Rs. 3,000 (Rupees three thousand only). The transfer order dated 20.7.1996 (Annexure-7 to the petition) is quashed in so far as it relates to the transfer of the petitioner.