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(2024) Law Today Live Doc. Id. 19455 = 2024 :UHC: 6001
Decided on: 23.08.2024
Presence:
Mr. Tapan Singh, learned counsel for the petitioner.
Mr. Atul Bahuguna, learned Standing Counsel for the State of Uttarakhand/ respondents.
Uttarakhand Annual Transfer for Public Servants Act, 2017 (Uttarakhand Act No. 1 of 2018), Section 13(6) – Constitution of India, Article 226 -- Transfer of employee -- Petitioner is feeling difficulty in serving at Government ITI Dugadda, he wants to be transferred at a suitable place particularly in District Haridwar and made a representation -- Writ petition disposed of, respondent No.2 directed to take a decision on petitioner’s representation by a speaking and reasoned order, within a period of one week.
(Para 2-6)
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PANKAJ PUROHIT, J. (ORAL) –
Heard learned counsel for the parties.
2. By means of this writ petition, petitioner has sought the indulgence of this Court in the nature of mandamus commanding respondent No.2 for issuing a direction to take a decision on the representation dated 20.07.2024 (Annexure No.6 to the writ petition) and transfer him on the ground of request, as contemplated in Section 13(6) of the Transfer Act.
3. It is the case of the petitioner that the petitioner is presently posted as regular Foreman in Government ITI Paithani, District Pauri Garhwal. Petitioner is suffering from some heart disease, and, since, the Government ITI Paithani has closed down due to lack of students, he was adjusted in Government ITI Dugadda, District Pauri Garhwal. Petitioner is feeling difficulty even in serving at Government ITI Dugadda, therefore, he wants to him to be transferred at a suitable place particularly in District Haridwar.
4. Accordingly, petitioner has made a representation dated 20.07.2024 to respondent No.2 to transfer him, on his request, in any of Government ITI situated in District Haridwar as enumerated in his representation.
5. It is contended by learned counsel for the petitioner that till now, no action has been taken by the respondent No.2 on petitioner’s representation dated 20.07.2024 and the same is still pending consideration. He further made an innocuous prayer that the ends of justice would be met, if the respondent No.2 is directed to take a decision on petitioner’s representation dated 20.07.2024 (Annexure No.6 to the writ petition) within a stipulated period.
6. The proposition so offered by the learned counsel for the petitioner has not been opposed by the learned State Counsel.
7. Accordingly, writ petition is disposed of. Respondent No.2 is directed to take a decision on petitioner’s representation dated 20.07.2024 (Annexure No.6 to the writ petition), by a speaking and reasoned order, within a period of one week from the date of production of certified copy/e-copy of this order.
Order accordingly.
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