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2014 DIGILAW 295 (UTT)

SATYVIR SINGH TYAGI v. STATE OF UTTARAKHAND

2014-08-07

K.M.JOSEPH, V.K.BIST

body2014
JUDGMENT V.K. BIST, J. (Oral) Petitioner has challenged the order of transfer dated 17th June, 2014 issued by the Government of Uttarakhand, by which he has been transferred to Prime Minister Gram Sadak Yojana (hereinafter referred to as “PMGSY”), Khand Dharchula, Pithoragarh. 2. The main contention of the learned Senior Advocate for the petitioner is that, since by way of the impugned order, petitioner has been transferred to another department, the same is bad in law, as no employee of a particular department can be transferred to another department. He submitted that, in fact, the petitioner has been transferred to another cadre. Learned Senior Advocate further contends that the petitioner never gave his consent for sending him to another department. 3. A counter affidavit has been filed by the respondents, in which they have come up with a case that, with a view to provide road connectivity to the remote villages, the scheme known as PMGSY has been framed by the Ministry of Rural Development, Government of India. Under this scheme, financial assistance is granted by the Government of India to the States and, in the State of Uttarakhand, for the purpose of implementation of this scheme, the Rural Development Department is made Nodal Agency / Administrative Department and the funds are granted by the Government of India to this Department of Rural Development, Government of Uttarakhand. Since the Rural Development Department of the State does not have its own engineering staff, therefore, after establishing the construction divisions under PMGSY scheme, the same are allotted for implementation to the Public Works Department, Irrigation Department and Rural Engineering Department and, accordingly, the engineering staff from these departments has been taken. At present, in the State of Uttarakhand, 31 PMGSY divisions are created out of which 12 divisions are allotted to the Public Works Department, 16 divisions to the Irrigation Department and 3 divisions to the Rural Engineering Department and the engineering staff of the concerned departments are posted and working there and are under the direct control of the Chief Executive Officer of the PMGSY and also under the General Administrative Control of the Rural Development Department. It is stated that under the above said PMGSY scheme, a construction division is established through the G.O. no.1906/XI/14/56 (13)/13, dated 22/05/2014 of the Rural Development Department of Uttarakhand, to provide road connectivity to the remote selected villages of Dharchula-Munsyari area in District Pithoragarh. It is stated that under the above said PMGSY scheme, a construction division is established through the G.O. no.1906/XI/14/56 (13)/13, dated 22/05/2014 of the Rural Development Department of Uttarakhand, to provide road connectivity to the remote selected villages of Dharchula-Munsyari area in District Pithoragarh. The said construction division of PMGSY is allotted to the Public Works Department and the Executive Engineer, Assistant Engineer and Junior Engineer of the Public Works Department are to be posted there. In furtherance thereof, one Executive Engineer, three Assistant Engineers and five Junior Engineers from the Public Works Department are posted in construction division at Dharchula-Munsyari and the petitioner, the Assistant Engineer is also included in that staff. 4. It is contended by the learned counsel for the respondents that the petitioner has been transferred under the Government Orders dated 24th September, 2012 and 6th June, 2014 and these Government Orders are not under challenge. It is submitted that, unless the said Government Orders are challenged by the petitioner, petitioner cannot be granted any relief. Learned counsel for the respondents further referred to Rule 15(b) of the U.P. Fundamental Rules and submitted that the Governor may, in public interest, transfer a Government servant to a post in another cadre or to an ex-cadre post. Accordingly, the petitioner has been transferred. 5. Rule 15(b) of the U.P. Fundamental Rules is being reproduced herein below: “15(b) Notwithstanding anything to the contrary contained in these Rules, the Governor may in the public interest transfer a Government servant to a post in another cadre or to an ex-cadre post.” 6. We have considered the submissions of the learned counsel for the parties. 7. In the present case, petitioner has been transferred in public interest. It is true that he has been sent to another department; but, Rule 15(b) of the U.P. Fundamental Rules provides that any Government servant can be transferred in public interest to another cadre or to an ex-cadre post. Thus, the consent of the employee is not necessary. We, accordingly, do not find any illegality in the impugned order. 8. The writ petition lacks merit and is hereby dismissed.