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2020 Supreme(UK) 442
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Lok Pal Singh, J.
Rajendra Prasad Badoni - Appellant
Versus
State Of Uttarakhand & Ors. - Respondent
Writ Petition (S/S) No. 2601 of 2019, 919 of 2020, 896 of 2020, 394 of 2020, 266 of 2020, 110 of 2020, 92 of 2020, 89 of 2020, 87 of 2020, 86 of 2020, 21 of 2020, 2858 of 2019, 2840 of 2019, 2838 of 2019, 2823 of 2019, 2815 of 2019, 2814 of 2019, 2813 of 2019, 2812 of 2019, 2806 of 2019, 2805 of 2019, 2800 of 2019, 2797 of 2019, 2796 of 2019, 2795 of 2019, 2742 of 2019, 2724 of 2019, 2723 of 2019, 2711 of 2019, 2710 of 2019, 2708 of 2019, 2706 of 2019, 2705 of 2019, 2704 of 2019, 2680 of 2019, 2658 of 2019, 2657 of 2019, 2653 of 2019, 2652 of 2019, 2651 of 2019, 2650 of 2019, 2648 of 2019, 2647 of 2019, 2646 of 2019, 2645 of 2019, 2617 of 2019, 2615 of 2019, 1481 of 2019
Decided On : 19-11-2020
Subhash Upadhyay, Advocate, Jayvardhan Kandpal, Advocate, Sandeep Kothari, Advocate, Vinay Kumar, Advocate, Shakti Singh, Advocate, Narendra Bali, Advocate, S.K. Bahl, Advocate, Parikshit Saini, Advocate, Mayank Joshi, Advocate, Nagesh Aggarwal, Advocate, Sachin Sharma, Advocate, Tej Singh Bisht, Advocate, Anjali Bhargava, Advocate, Sushil Vashishtha, Advocate, Narain Dutt, Advocate, Indu Sharma, Advocate, Sachin Mohan Singh Mehta, Advocate, Rajiv Pathak, Advocate, Rajendra Singh Azad, Advocate
Headnote:
Transfer Act, 2017, Secs. 27 and 17 – Petition under – For quashing the order passed by Secretary Education and order passed by Deputy Education Officer – Prayer, for independent enquiry with regard to irregularities/illegalities done by official – Legality of – High Court finds that the respondents have filed counter-affidavits in the matter with utmost precision and clarity – In case of petitioner, they have specifically stated that claim of petitioner is not covered under any of recommendations, such as serious illness, spouse policy hill to hill or provisions of Transfer Act – High Court does not find any arbitrariness or mala fide on part of respondent in effecting transfer orders – High Court was not inclined to interfere with impugned orders – Petition dismissed. (Paras 15 to 17)
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JUDGMENT
Lok Pal Singh, J. - Since the controversy involved in these bunch of writ petitions is same and the question of law involved is also common, therefore, for sake of brevity and convenience, these writ petitions are being disposed of by a common judgment and order. WPSS No.2601 of 2019 shall be the leading case and the facts thereof are being taken into consideration for proper adjudication of the case:
2. Petitioner in WPSS No.2601 of 2019 has approached this Court seeking the following reliefs:-
i) Issue a writ, order or direction in the nature of certiorari calling for the records and quashing the order dated 27.9.2019 passed by the Secretary, Education, order dated 22.10.2019 (Annexure no.16 to the writ petition) passed by the Director, Education and the order dated 6.11.2019 (annexureno.18 to the writ petition) passed by the Deputy Education Officer, Sahaspur, Dehradun.
ii) Issue a writ, order or direction in the nature of mandamus or an appropriate writ for holding an independent enquiry with regard to the irregularities/illegalities done by the official respondent in providing benefit to the persons of their choice by providing them the shelter from transfer till a decision is being taken in their case as provided under Section 27 of the Act.
iii) Issue a writ, order or direction in the nature of mandamus or an appropriate writ for holding an independent enquiry with regard to the attachment orders issued on 12.2.2019 and 7.8.2019 by which the employees of their choice are being attached/absorbed.
3. Petitioner was appointed as Assistant Teacher, Primary in General/Social Studies and remained posted at Government Primary School, Devlaad, Nainidanda, Pauri from 12.01.1996 to 11.09.1998. Thereafter, from 13.09.1998 to 07.11.1998, he remained posted at Government Primary School, Kwali, Agastyamuni, Rudraprayag and from 07.11.1998 to 03.12.2001 at Government Primary School, Jaharikhal, Agastyamuni, Rudrapyrag. Petitioner was promoted as Assistant Teacher, Junior High School and from 04.12.2001 to 20.12.2001 he was posted at Government Upper Primary School, Pata Agastymuni, Rudraprayag; from 21.12.2001 to 01.08.2003 at Government Upper Primary School, Syuni; from 02.8.2003 to 26.08.2003 at Government Primary School Kuasi, Ekeshwar, Pauri; from 27.08.2003 to 22.12.2016 at Government Upper Primary School, Kundoli, Ekeshwar, Pauri Garhwal and from 21.12.2016 to 02.01.2017 at Government Upper Primary School, Jaigaun, Dugadda, Pauri. The State Government issued a government order dated 21.11.2016 whereby a permission was granted for posting in another cadre for a period of three years with a rider that the person transfer under the said order would maintain his/her lien in original cadre and would have to go back to their original cadre and their seniority will be maintained in original cadre. Pursuant to said government order dated 21.11.2016, petitioner was posted at Government Upper Primary School, Khusalpur, Sahaspur, Dehradun. However, by another order dated 25.04.2018 issued by the State Government, order dated 21.11.2016 was cancelled, whereagainst petitioners and several others, approached this Court by filing WPSS No.1406 of 2018. A Coordinate Bench of this Court, vide judgment dated 26.10.2018, dismissed all the writ petitions. However, the competent authority was requested to take a decision on the representations sympathetically, if moved by the petitioners, for ventilation of their grievances. Pursuant to judgment dated 26.10.2018, some employees moved representations before the Director, which were rejected. It is alleged that on the one hand the department took steps for cancellation of the attachment orders, which were issued earlier, whereas on the other hand, on 12.02.2019, the Secretary passed an order of attachment of certain teachers for a period of six months. In the writ petition, the petitioner has annexed the copy of order dated 12.02.2019 as well as the list of employees and alleges that even after exp
