YOGESH KUMAR SHARMA v. STATE OF UTTARAKHAND
Court: High Court of Uttarakhand
Bench: HON'BLE MR. JUSTICE MANOJ KUMAR TIWARI,HON'BLE MR. JUSTICE PANKAJ PUROHIT
Judgment date:
Case summary
High Court of Uttarakhand judgment dated 2024-09-09. YOGESH KUMAR SHARMA v. STATE OF UTTARAKHAND. Read the judgment and case details on LawSphereX.
Judgment text
Of f i ce N o t e s, r e p o r t s, o r d e r s o r p r o ce e d i n g s SL. D a t e o r d i r e ct i o n s COURT’ S OR JUD GE’ S ORD ERS N o . a n d Re g i st r a r ’ s o r d e r w i t h Si g n a t u r e s WPSB No. 579 of 2024 H o n ’ b l e M a n o j K u m a r Ti w a r i , J. H o n ’ b l e Pa n k a j Pu r o h i t , J. Mr. Yogesh Pacholia, Advocat e for t he pet it ioner. 2. Mr. G. S. Negi, Addit ional Chief St anding Counsel for t he St at e of Ut t arakhand. 3. Pet it ioner was post ed as Chief Vet erinary Officer at Haridwar. He has been t ransferred t o Pit horagarh as Chief Vet erinary Officer, vide order dat ed 30. 08. 2024. Thus, feeling aggrieved, pet it ioner has filed t his writ pet it ion, challenging his t ransfer. 3. Learned counsel for pet it ioner subm it s t hat pet it ioner has not com plet ed t wo years at Haridwar, t herefore, he could not have been t ransferred t o Pit horagarh, which is a durgam place.
I t is furt her his cont ent ion t hat pet it ioner in his opt ion had indicat ed his choice only for t wo places i. e. Udham Singh Nagar and Nainit al, however, he has been t ransferred t o a different place, ot her t han t he places indicat ed in his opt ion. He also subm it s t hat im pugned t ransfer is in violat ion of Sect ion 7( a) of t he Transfer Act , 2017. 4. Per cont ra, learned St at e Counsel subm it s t hat pet it ioner was t ransferred on prom ot ion t o Haridwar, vide order dat ed 22. 07. 2022. He subm it s t hat t ot al period for which pet it ioner served at sugam place, is 16 years 6 m ont hs and 19 days; while, t he services rendered by him in durgam places is only 11 years, t herefore, as per provisions of t he Transfer Act , he was liable t o be t ransferred t o a durgam Place.
He, furt her subm it s t hat as t he Chief Vet erinary Officer, pet it ioner holds adm inist rat ive posit ion, as he would be t he head of t he office at Pit horagarh, t herefore, t he plea t hat he has been t ransferred t o a durgam place is unsust ainable, as every dist rict headquart er is cat egorised as accessible. 5. Pet it ioner’s counsel subm it s t hat one Dr. Sapna Mishra, who is post ed as Joint Direct or in Dist rict Udham Singh Nagar has not been dist urbed, alt hough she has served in t he sam e dist rict for m ore t han five years. 6. Law is w ell set t led t hat t ransfer is an incidence of service. Pet it ioner holds a t ransferable post , t herefore, int erference w it h t ransfer order has t o be m inim al. However, having regard t o t he fact s of t he case, writ pet it ion is disposed of w it h libert y t o pet it ioner t o m ake represent at ion t o t he t ransferring Aut horit y, w it hin 48 hours.
I t shall be open t o pet it ioner t o m ake represent at ion t hrough e- m ail. I f pet it ioner m akes represent at ion w it hin st ipulat ed t im e, t hen Transferring Aut horit y shall consider pet it ioner’s request , as per law , w it hin t en days t hereaft er. 7. For a period of t wo weeks, pet it ioner shall not be relieved from his present place of post ing. ( Pa n k a j Pu r o h i t , J. ) ( M a n o j K u m a r Ti w a r i , J. ) 09. 09. 2024 Kaushal Digitally signed by KAUSHAL KISHORE SHARMA KAUSHAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND,ou=HIGH COURT OF UTTARAKHAND, 2. 5. 4. 20=e33641d1c073f8e375ccc241558c204ac0d a6fbee9d17c15b51a1981a8ceaaab, KISHORE postalCode=263001, st=UTTARAKHAND, serialNumber=2B1BFF4A3618631A4EB9CE5CFEE4E 6C6DFB01BFCA197F022850656F9BD72BA13, cn=KAUSHAL KISHORE SHARMA SHARMA Date: 2024. 09. 10 11:59:55 +05'30'
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.