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2014 DIGILAW 330 (UTT)

JAGMOHAN SONI v. STATE OF UTTARAKHAND

2014-08-28

K.M.JOSEPH, V.K.BIST

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JUDGMENT V.K. Bist, J. (Oral) By an Office Memorandum dated 10th January, 2014, Jagmohan Soni was transferred from Almora to Hardwar. By the said Office Memorandum, Pushpa Rani Verma was also transferred from Hardwar to Udham Singh Nagar. One Paras Nath Singh was also transferred from Udham Singh Nagar to Almora by the same Office Memorandum. In pursuance of the said transfer order, Jagmohan Soni joined at Hardwar on 18th January, 2014. It appears that, in the meantime, Paras Nath Singh made representation to the official respondent for his transfer on the ground of his physical disability. The said representation was allowed and he was permitted to remain at the same place, i.e. Udham Singh Nagar, but Pushpa Rani Verma was transferred back to Hardwar. Pushpa Rani Verma was relieved from Hardwar on 13th January, 2014 and she reported at Udham Singh Nagar on the same date. When she came to join at Udham Singh Nagar, she came to know that the representation made by Paras Nath Singh was allowed and there was no post vacant at Udham Singh Nagar. Then she went back to Hardwar and joined there. There is nothing on record that Pushpa Rani Verma was asked to join back at Hardwar and yet it is a case that she joined at Hardwar. In the meantime, on 18th February, 2014 another transfer order was passed, by which Jagmohan Soni was asked to remain at Almora. He challenged the said transfer order. An interim order was passed by this Court on 24th February, 2014, whereby the transfer order dated 18th February, 2014 was stayed, till the next date of listing, as against Jagmohan Soni. On the same day, i.e. 24th February, 2014, another order was passed by which Pushpa Rani Verma was asked to remain at Hardwar. Pushpa Rani Verma also filed a writ petition, bearing Writ Petition (S/B) No. 91 of 2014 before this Court, in which, order has been passed on 2nd April, 2014, by which she was asked to report at the office, where she was working at Hardwar until further orders. The Court further directed that the State Government shall ensure that the salary of the petitioner reaches every month to the petitioner through the officer, under whom she was working immediately before the order dated 24th Feb., 2014 was passed, i.e. Chief Education Officer, Hardwar. The Court further directed that the State Government shall ensure that the salary of the petitioner reaches every month to the petitioner through the officer, under whom she was working immediately before the order dated 24th Feb., 2014 was passed, i.e. Chief Education Officer, Hardwar. In these circumstances, petitioners Jagmohan Soni and Pushpa Rani Verma are working at Hardwar against one post. The fact remains that, at present, two persons are working against one sanctioned post of District Education Officer at Hardwar and none is working at Almora. 2. We have been informed that one Atul Semwal was subsequently transferred to Almora, but he obtained an interim order from this Court and in pursuance of the interim order, he is continuing at Tehri. We have also been informed that during the pendency of these two petitions one another order has been passed by the official respondent on 13th August, 2014 transferring Pushpa Rani Verma at Hardwar subject to the outcome of the writ petition, but with the rider that she will be permitted to join after final judgment in these two writ petitions. 3. During the course of arguments, all the parties requested the Court that the matter be decided by directing the Competent Authority to take a final decision in the matter independently. Considering their submissions, we close the matter by issuing direction to the Principal Secretary (Education), Government of Uttarakhand to decide the case of the petitioners Jagmohan Soni and Pushpa Rani Verma as well as Paras Nath Singh independently and without being influenced by any letter written by any political leader and to take a decision strictly in accordance with law within three weeks from today. The interim orders passed in both the writ petitions shall continue till the final decision is taken by the Principal Secretary (Education) in the matter. 4. In Writ Petition (S/B) No. 91 of 2014 (Pushpa Rani Verma versus State of Uttarakhand and others) a reference to the letter written by the Leader of Opposition, dated 27th January, 2014 has been made in the office noting in respect of transfer of one Dinesh Chandra Sati. In the said noting, it is also mentioned that the Hon’ble Minister has issued direction for cancelling the transfer orders of ten District Education Officers and for keeping them at the place, where they were working. In the said noting, it is also mentioned that the Hon’ble Minister has issued direction for cancelling the transfer orders of ten District Education Officers and for keeping them at the place, where they were working. We expect that in future all the concerned officers of the State Government will not be influenced in any manner by the letter or direction issued by the political leaders and will pass transfer orders strictly in accordance with the norms settled by the State Government or in accordance with the relevant rules. Let copies of this judgment be sent to the Principal Secretaries of every Department of the State Government. 5. All the applications pending in these writ petitions stand disposed of.