Hon’ble Sudhanshu Dhulia, J. (Oral)

1. The petitioner is a “Mandi Sahayak” in the Mandi Samit, Bagwara Rudrapur, District Udham Singh Nagar. He is aggrieved by his transfer order dated 30.11.2015 passed by respondent No. 3 – Managing Director (Administration), Uttarakhand Krishi Utpadan Viparan Board Mandi Bhawan, Rudrapur, Udham Singh Nagar by which he has been transferred from Mandi Samiti Rudrapur to Mandi Samiti Luxar, District Haridwar.

2. The transfer order has been challenged on various grounds, however, the principal grounds for challenge are that firstly the petitioner is a Class-IV employee, who cannot be transferred outside Mandi Samiti Rudrapur, and secondly, even in a given contingency a Mandi Sahayak can only be transferred from one Mandi Samiti to another but within the same “region”. According to the petitioner, the Mandi Parishad, which governs the various agricultural and marketing societies, is divided into two regions i.e. is Garhwal Region and another is Kumaon Region. Since Mandi Samiti Rudrapur falls under the Kumaon Region, he may be transferred in any Mandi Samiti, which falls within the Kumaon Region. He relies upon Regulation 24(2) of the Utt