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Judgment
Manoj K. Tiwari, J.
Reliefs sought, in the writ petition, are as follows:-
(i) A writ, order or direction in the nature of certiorari to quash the impugned order dated 16th January, 2018 so far as it relates to the transfer of
Petitioner from the post of Secretary, District Development Authority, Nainital to the post of Executive Director, Revenue Police & Land Survey
Training Institute, Almora.
(ii) A writ, order or direction in the nature of certiorari to quash the impugned order dated 10th January 2018 so far as it relates to the additional
charge of the post of Secretary, District Development Authority, Nainital given to the private Respondent.
(iii) A writ, order or direction in the nature of mandamus commanding the Respondents to sanction and grant pay scale of Rs.15600-39100 with grade
pay Rs.7600/- w.e.f. 31.03.2014, a date when such benefit was given to other similarly situated persons considering the fact that charge sheet issued
to the Petitioner has been withdrawn vide order dated 20.12.2016.
(iv) A writ, order or direction in the nature of mandamus commanding the Respondents to sanction and grant pay scale of Rs.15600-39100 with grade
pay of Rs.7600/- w.e.f. 31.03.2014, a date when such benefit was given to other similarly situated persons.
(v) Issue a writ order or direction in the nature of certiorari quashing the office letter dated 10.01.2018 as well as the office letter dated 27.01.2018.
Petitioner is a member of State Civil Service (Executive Branch). He is aggrieved by his transfer from the post of Secretary, District Level
Development Authority, Nainital to the post of Executive Director, Revenue Police and Land Record Survey Training Institute, Almora (in short
“Training Instituteâ€) vide order dated 16.01.2018. He is further aggrieved by withholding of selection grade of pay i.e. Rs.15600-39100, Grade
Pay Rs.7600, which according to him, became due on 31.03.2014.
Facts of the case lie in a narrow compass. Petitioner was given ad-hoc promotion as Deputy Collector on 11.02.2004 and subsequently, he was
given regular promotion as Deputy Collector on 01.03.2007. Petitioner was granted senior scale i.e. Rs.15600-39100, Grade Pay Rs.6600 vide order
dated 26.04.2012. Thereafter, 30 Officers, belonging to the Service, were promoted and granted selection grade-pay i.e. Rs.15600-39100, Grade Pay
Rs.7600/-vide order dated 02.08.2016. However, petitioner was not given the said benefit.
Petitioner was posted as Secretary in Lake Development Authority, Nainital in the month of September, 2016 and he continued on the said post till
November 2017. Pursuant to a policy decision, taken by the State Government, Lake Development Authority, Nainital merged in District Level
Development Authority, Nainital and petitioner was posted as Secretary in District Level Development Authority, Nainital, where he served till his
transfer as Sub-Divisional Magistrate, Chamoli vide order dated 10.01.2018. In the said order, it was provided that petitioner shall handover charge of
the post of Secretary, District Level Development Authority to ADM (Administration), Nainital and ADM (Administration), Nainital shall hold
additional charge of the said post. Subsequently on 16.01.2018, another order was issued, providing that petitioner shall now be posted as Executive
Director, Revenue Police and Land Record Survey Training Institute, Almora.
It is the contention of learned counsel for the petitioner that he has been transferred in order to accommodate respondent No. 4 on the post of
Secretary, District Level Development Authority, Nainital. According to him, posting of Senior Scale Officer of State Civil Service (Executive
Branch), on the post of Sub-Divisional Magistrate, amounts to demotion, therefore, the earlier transfer order dated 10.01.2018 was per se arbitrary
and illegal. He further contends that he is entitled to selection grade w.e.f. 31.03.2014 i.e. Rs.15600-39100, Grade Pay of Rs.7600/-, which has been
wrongly denied to him, therefore, his transfer as Executive Director to Training Institute at Almora cannot be sustained.
A counter affidavit has been filed on behalf of respondent No. 1 in which it is stated that due to discrepancies in the earlier order dated 10.01.2018,
the same was modified vide order dated 16.01.2018, whereby petitioner has been transferred to the post of Executive Director in the Training Institute
at Almora. It is further stated that as per notification dated 01.06.2006, the post of Executive Director in the Training Institute at Almora can be held
by Senior Scale Officer, who is getting salary in the pay-band of Rs.15600-39100, Grade Pay Rs.6600/-. It is further stated that petitioner’s claim
for promotion to selection grade was considered by the selection committee in its meeting held on 29.07.2016 in which total 32 Officers, including
petitioner, were considered, however, result of the petitioner was kept in a sealed cover on account of pendency of disciplinary proceedings against
him. Upon conclusion of disciplinary proceedings, result of petitioner was opened and it was found that the selection committee had not recommended
the petitioner for promotion due to an adverse entry given to him for the reporting year 2013-14. It has further been stated that out of the total service
of 13 years, as member of State Civil Service (Executive Branch), petitioner has served for seven years and seven months in District Nainital. It is
further stated that petitioner remained posted as Secretary, Lake Development Authority between 26.02.2014 to 01.09.2016, 30.09.2016 to 13.11.2017
and thereafter as Secretary, District Level Development Authority between 29.11.2017 to 10.01.2018.
Petitioner is a member of a transferable service, therefore, he cannot claim any vested right to remain at one place forever. Transfer order issued
by the Competent Authority does not violate any of his legal rights. Interference with a transfer order can be made only if it has been passed in
violation of any mandatory statutory rule or on the ground of mala fide. Hon’ble Supreme Court in the case of State of Haryana vs. Kashmir
Singh reported in (2010) 13 SCC 306 has held as under:-
“12. Transfer ordinarily is an incidence of service, and the Courts should be very reluctant to interfere in transfer orders as long as they are not
clearly illegal. In particular, we are of the opinion that transfer and postings of policemen must be left in the discretion of the concerned State
authorities which are in the best position to assess the necessities of the administrative requirements of the situation. The concerned administrative
authorities may be of the opinion that more policemen are required in any particular district and/or another range than in another, depending upon their
assessment of the law and order situation and/or other considerations. These are purely administrative matters, and it is well-settled that Courts must
not ordinarily interfere in administrative matters and should maintain judicial restraint vide Tata Cellular v. Union of Indiaâ€
In view of the aforesaid discussion, we are not inclined to interfere with the transfer order dated 16. 01.2018 as well as earlier order dated
10.01.2018, whereby respondent No. 4 was given additional charge of Secretary, District Level Development Authority, Nainital.
As regards petitioner’s claim for selection grade of pay, the categorical stand taken by the State Government in its counter affidavit is that in
the last DPC, held on 29.07.2016, petitioner was not recommended for promotion to selection grade on account of adverse entry given to him for
reporting year 2013-14. It is contended on behalf of the State Government that the said adverse entry was duly communicated to the petitioner, while
petitioner disputes this fact.
Under aforesaid circumstances, petitioner shall be at liberty to take appropriate legal recourse against the said adverse entry, if so advised.
In such view of the matter, there is no scope for interference in the matter. Consequently, the writ petition fails and is hereby dismissed.
No order as to costs.