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2022 DIGILAW 148 (UTT)

Ayazuddin v. Secretary, Secondary Education

2022-06-20

R.C.KHULBE, SANJAYA KUMAR MISHRA

body2022
JUDGMENT : Sanjaya Kumar Mishra, J. In this writ petition, the present petitioner has prayed for the following reliefs : - i) Issue a writ, order or direction in the nature of certiorari calling for the record and quashing the impugned transfer order dated 31.12.2021 issued by respondent No. 1 along with relieving order dated 26.04.2022 issued by respondent No. 2 (contained as Annexure Nos. 2 and 4 to this writ petition). ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to allow the joining of the petitioner on the post of Block Education Officer, Block Pokhda, District Pauri Garhwal along with the release of arrear of salary. iii) Issue a writ, order or direction, which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case. iv) Award the cost of the petition. 2. The learned counsel for the petitioner submits that though the impugned order of transfer was passed on 31.12.2021, it was communicated to the petitioner after three months. He also drew the attention of this Court towards the provisions of Clause (d) of Section 3 of the Uttarakhand Annual Transfer for Public Servants Act, 2017 (hereinafter referred to as ‘the Transfer Act’, for brevity), wherein the word ‘Serious Patient’ has been defined, which includes a person having heart disease with Angioplasty done. It is also brought to our notice that the petitioner is covered under the provision of Section 7(d)(i) of the Transfer Act, as he is already 58 years old. 3. In this case, the petitioner has already made a representation to the State authorities, especially, the Secretary, Secondary Education, Government of Uttarakhand, Dehradun (as at Annexure-12 to the writ petition). 4. In that view of the matter, we dispose of the writ petition directing the respondent No. 1 to decide the representation of the petitioner after affording reasonable opportunity of hearing to the petitioner, and on production of documents, as well as after resorting to the provisions of Sections 3 and 7, as mentioned above, of the Transfer Act, by a reasoned and speaking order within a period of 21 days. The learned counsel for the petitioner undertakes to produce the certified copy of this order as well as copy of the brief before the respondent No. 1 within a period of seven days from today. The learned counsel for the petitioner undertakes to produce the certified copy of this order as well as copy of the brief before the respondent No. 1 within a period of seven days from today. We hope and trust that till a decision is taken, the respondent no. 1 shall not give effect to the order impugned in this case. 5. With the directions as above, the writ petition stands disposed of. 6. All pending applications, in this writ petition, also stand disposed of.