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2016 DIGILAW 370 (UTT)

Kishan Singh Negi v. State of Uttarakhand

2016-07-21

SUDHANSHU DHULIA

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JUDGMENT : Sudhanshu Dhulia, J. Since the issue involved in all these writ petitions is the same, therefore, they are heard together and are being decided by this common judgment. 2. All the petitioners before this Court are employees in Transport Department, Uttarakhand. They are aggrieved by the impugned orders dated 12.07.2016, 13.07.2016 and 14.07.2016, as the case might be, by which their earlier order of transfer, consequent to which they had already joined in their designated place, has been recalled and they have been reverted to their earlier place of posting. The controversy in short is that some of the petitioners were transferred primarily vide order dated 30.05.2016 and others vide order dated 06.07.2016 by the appointing authority from one place to another in the State of Uttarakhand. Thereafter, the Chief Secretary, vide its order dated 12.07.2016 passed an order stating that this year i.e. 2016-17 has been declared as “Zero Session” as far as routine transfers are concerned. Meaning thereby, the routine transfer shall not be made this year. Although no reason has been assigned for this, however, the learned State Counsel on the instructions in this matter has informed this Court that this “Zero Session” for transfer has been declared in view of natural calamity such as cloud bursts and other such natural disaster occurring in different parts of the State of Uttarakhand, in June this year. 3. Be that as it may, the petitioners even prior to the order dated 12.07.2016 had admittedly joined at their new place of posting and now by the impugned orders (the reference of which has been given above), they have been reverted back. They are aggrieved by the impugned orders. Hence, the present petitions. 4. Instructions were sought from the learned State Counsel, who has informed this Court that routine transfer was not supposed to be made this year and, therefore, the orders of transferring the petitioners from one place to another are in violation of the instructions of the Chief Secretary, Uttarakhand, Dehradun. However, it is not clear from the present records available before this Court as to whether there was any such instructions prior to the order of the Chief Secretary dated 12.07.2016. As such, nothing can be said on this. However, it is not clear from the present records available before this Court as to whether there was any such instructions prior to the order of the Chief Secretary dated 12.07.2016. As such, nothing can be said on this. But, the grievance of the petitioners is that the orders which are presently impugned before this Court will cause great hardship to them as they have already complied with the order of the appointing authority and they have joined at their new place of posting, in some cases alongwith their family, and it will extremely difficult for them to go back. Therefore, there is a practical difficulty before this Court. Though this cannot be conclusively said, as the entire facts are not before this Court. It has also been argued that the order of the Chief Secretary dated 12.07.2016 will, in any case, not be retrospective or retroactive in nature. 5. Therefore, this Court deems it fit and proper to direct the petitioners to make a representation before the Chief Secretary, by whose orders, ultimately these impugned orders have been passed. The Chief Secretary shall look into the matter in each case separately and pass appropriate orders as expeditiously as possible but preferably within a period of three weeks from the date such representation is filed. It is made clear that the Chief Secretary may be at liberty to constitute a Committee in order to gather facts in each case so that the matter may be decided expeditiously. The petitioners are given three days time to move the representation. It is further made clear that till the decision is taken in the matter, the petitioners shall not be relieved from the present place of posting. 6. With the directions as above, all the writ petitions stand disposed. All the interim relief applications also stand disposed accordingly. 7. Let a copy of this order be placed in all connected writ petitions. 8. Certified copy of this order be issued today itself on payment of usual charges.