Dr. Ajay Kumar vs State Of Uttarakhand And Others

S.K.Mishra, J

Heard Mr. M.S.Tyagi, learned Senior Counsel, assisted by Ms. Prabha Naithani, learned counsel for the writ applicant and Mr. B.P.S. Mer, learned Standing Counsel for the State/respondents.

In this writ application, the petitioner seeks a writ in the nature of certiorari to quash the impugned transfer order dated 22.12.2021 (Annexure-1).

Learned counsel for the petitioner submits that the transfer order has been issued in violation of the order passed by the Secretary, Medical Education and Training Department of the State of Uttarakhand. However, we are of the opinion that this Notification has been made to combat the COVID19 pandemic and it is not mandatory rather it is directory.

However, the learned counsel for the petitioner submits that there has been discrimination on the part of State of Uttarakhand in transferring him and giving better posting to persons junior to him. In that view of the matter, though we are not inclined to entertain the writ application to quash the order of transfer as the transfer is an incident of service and cannot be interfered in a writ application unless certain special grounds are made out.

We give liberty to the petitioner to make a representation within 10 days to the Principal Secretary of the Health Department ventilating his grievance and in such an event, his case shall be considered by the Principal Secretary, Health Department and the representation of the petitioner shall be disposed of within 2 two weeks after affording a reasonable opportunity of hearing to the petitioner.

The writ application is disposed of.

There shall be no order as to costs.

Urgent certified copy of this order be granted on proper application.