V.M. Lakhera vs State of Uttarakhand and Others

Barin Ghosh, C.J.—Despite obtaining an opportunity as far back as on 11th November 2010, no counter affidavit has been filed.

While the Petitioner was working as a Junior Engineer at Pauri, he was transferred as Junior Engineer to Ukhimath by an order dated 17th August 2010. On 31st August 2010, Petitioner joined Ukhimath as a Junior Engineer. On 17th September 2010, Petitioner was promoted to the post of Assistant Engineer from the date he would be assuming charge of the promotional post. Since the post of Assistant Engineer at Ukhimath was lying vacant, Petitioner was permitted to take charge of the promotional post of Assistant Engineer at Ukhimath. By an order dated 11th October 2010, Petitioner has been transferred from Ukhimath to Naugaon in the district of Uttarkashi.

It is the contention of the Petitioner that by the said order dated 11th October 2010, many Assistant Engineers were transferred. However, apart from Petitioner and another Sri Nirmal Kumar Pant, all the other 7 persons were shown to have been transferred from the place where they were working to the place they were working. The learned Counsel for the State submitted that the same was done, in as much as those 7 persons were already working as Assistant Engineers at the place where they were shown to have been transferred. The fact remains that w.e.f. 24th September 2010, Petitioner too was working as Assistant Engineer at Ukhimath. By the said transfer order dated 11th October 2010, the post of Assistant Engineer at Ukhimath has not been supplied.

It has not come on record that by any subsequent order of transfer, the said post has been supplied. There is, therefore, no just reason to keep existing Assistant Engineers at the same place where they were working as such and to transfer the Petitioner from Ukhimath to Naugaon, despite the Petitioner was working as Assistant Engineer at Ukhimath. We, accordingly, interfere with the order of transfer dated 11th October 2010 and quash that part thereof by which the Petitioner had been transferred from Ukhimath to Naugaon.

The writ petition is, accordingly, allowed.