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2017 DIGILAW 274 (UTT)

SUBHASH CHANDRA GAHTORI v. STATE OF UTTARAKHAND

2017-05-05

ALOK SINGH, K.M.JOSEPH

body2017
JUDGMENT Hon. K. M. Joseph, C.J. (Oral) 1. Petitioner has approached this Court seeking following reliefs: “a. Issue a writ, order or direction in the nature of Certiorari quashing the order dated 07.10.2016 (Annexure No. 2 to this writ petition) by which the respondent no. 5 handed over the charge of District Assistant Registrar to respondent no. 6 in complete violation of the order dated 05.10.2016. b. Issue a writ, order or direction in the nature of Certiorari quashing the order dated 24.10.2016 (Annexure No. 6 to this writ petition) issued by the Registrar, Cooperative Societies, Uttarakhand, Almora. c. Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2 and 4 to ensure the strict compliance of the Government Order dated 05.10.2016 so far it relates to handing over the charge of District Assistant Registrar, Cooperative Societies, Uttarakhand, Haridwar to senior most ADCO (Additional District Cooperative Officer).” 2. Briefly put, the case of the petitioner is that respondent no. 5 was transferred to Udham Singh Nagar and he handed over charge to respondent no. 6. Petitioner is senior to respondent no. 6. According to the petitioner, charge should have been handed over by respondent no. 5 to the petitioner and not to respondent no. 6. In support of his contention, he relies on Annexure 1 to the writ petition, which is an order passed by Secretary, Cooperative Department. 3. This Court passed an interim order staying the impugned order. 4. Short counter affidavit has been filed on the behalf of the State Government wherein it is inter alia stated as follows: “3. That by means of present writ petition the petitioner has challenged the order dated 07.10.2016 whereby officiating charge of the post of District Assistant Registrar, Cooperative Societies, Haridwar to respondent no. 6 on the ground that the petitioner is senior to the respondent no. 6. 4. That this Hon’ble Court vide interim order dated 09.11.2016 has been pleased to stay the impugned order dated 07.10.2016 and also directed the respondents to offer appointment to senior most ADCO as per the Government Order dated 05.10.2016. In compliance of the Hon’ble Court’s interim order, the petitioner who is senior most ADCO has been given the charge of the post of District Assistant Registrar, Cooperative Societies, Haridwar. 7. In compliance of the Hon’ble Court’s interim order, the petitioner who is senior most ADCO has been given the charge of the post of District Assistant Registrar, Cooperative Societies, Haridwar. 7. That in compliance of the Government Order dated 05.10.2016 Sri Maan Singh gave the charge of the post of District Assistant Registrar, Cooperative Societies, Haridwar to Sri R.P. Yadav, Additional District Cooperative Officer, Haridwar vide office order no. 2272-78 dated 07.10.2016. 11. That in compliance of the aforesaid order dated 09.11.2016 senior most ADCO in district Haridwar, who is the petitioner himself, has been given charge of the post of District Assistant Registrar, Haridwar vide order no. 5711-18 dated 15.11.2016. For kind perusal of the Hon’ble Court the copy of the order no. 5711-18 dated 15.11.2016 is being annexed herewith marked as Annexure SCA-2 to this affidavit. 12. That in compliance of the aforesaid order no. 5711-18 dated 15.11.2016 the petitioner has also assumed the charge of the post of District Assistant Registrar, Cooperative Societies, Haridwar vide his office letter no. 2617-24 dated 15.11.2016. For kind perusal of the Hon’ble Court the copy of the office letter no. 2617-24 dated 15.11.2016 is being annexed herewith marked as Annexure SCA-2 to this affidavit. 13. That since the order of Hon’ble Court in the instant writ petition has been duly complied with; hence, this issue raised in the writ petition stands fully resolved and addressed. Therefore, the present writ petition has now become rendered infructuous and deserves to be dismissed and the interim order dated 09.11.2016 is liable to be vacated.” 5. We notice that respondent no. 5 is represented by Mr. Parikshit Saini, Advocate but there is no representation for respondent no. 6 though he is duly served. 6. There is no dispute that charge should have been handed over to the senior person namely the petitioner, therefore, in compliance with the interim order, now charge is being handed over to the petitioner. 7. Annexure 2 is order dated 07.10.2016 by which respondent no. 5 handed over charge to respondent no. 6. Against the same petitioner approached the Registrar namely respondent no. 2. He passed Annexure no. 6 order, translation of which, is as follows: “In pursuance of the order no. 1125/Vi.Sa.Sa.Sah/2016 dated 05.10.2016 of the Government of Uttarakhand, it is revealed that vide office letter no. 5 handed over charge to respondent no. 6. Against the same petitioner approached the Registrar namely respondent no. 2. He passed Annexure no. 6 order, translation of which, is as follows: “In pursuance of the order no. 1125/Vi.Sa.Sa.Sah/2016 dated 05.10.2016 of the Government of Uttarakhand, it is revealed that vide office letter no. 2272-78/ dated 07.10.2016, the Assistant Registrar, Cooperative Societies, Uttarakhand transferred from District Haridwar has handed over the charge of District Assistant Registrar, Cooperative Societies, Uttarakhand to Sri R.P. Yadav, Additional District Cooperative Officer, District Haridwar. Sri Yadav along with aforesaid work will also prepare the DPR of second phase of the Integrated Cooperative Development Project (ICDP) at an earliest and will also utilize the power regarding all financial and administrative action as Incharge District Assistant Registrar, Cooperative Societies, Uttarakhand, District Haridwar. For the aforesaid additional work Sri Yadav will not be admissible any separate pay, remuneration and allowances.” 8. Learned counsel for the petitioner, in fact, would rely on Annexure no. 1 passed by Secretary, Cooperative Department wherein it has been mentioned that charge must be handed over to the senior person. No reason is being given as to why this principle is being departed from. 9. In view of the stand taken by State Government and the fact that no reason has been given as to why there is departure from Annexure No. 1, petition is allowed. Both the impugned orders will stand quashed.