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2022 Supreme(UK) 466
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, R.C. Khulbe, JJ.
Narayan Ram - Appellant
Versus
State of Uttarakhand & Ors. - Respondents
Special Appeal No. 429 of 2022
Decided On : 06-12-2022
Jitendra Chaudhary, Advocate, K.N. Joshi, Advocate
The court emphasized that the lack of interim stay did not warrant interference with the transfer order within the same district.
Headnote:
Transfer - Government Employee - The court dismissed the appeal against the transfer order of a government employee, stating that there was no reason to interfere with the transfer within the same district and that the lack of interim stay did not warrant interference.
Fact of the Case:
The appellant challenged the transfer order from one government school to another within the same district, arguing that the court did not grant a stay of the transfer and that the application for mutual transfer with another individual was pending reconsideration.
Finding of the Court:
The court dismissed the appeal, stating that there was no reason to interfere with the transfer order and that the lack of interim stay did not warrant interference. The appellant was allowed to pursue the request for reconsideration of mutual transfer.
Issues: Challenge to transfer order within the same district, lack of interim stay, pending mutual transfer application
Ratio Decidendi: The court found no reason to interfere with the transfer order within the same district and emphasized that the lack of interim stay did not warrant interference.
Final Decision: The court dismissed the special appeal and allowed the appellant to pursue the request for reconsideration of mutual transfer.
JUDGMENT
Vipin Sanghi, CJ. - The present Special Appeal is directed against the order dated 16.11.2022, passed by the learned Single Judge, which reads as follows :-
'Mr. Nandan Arya and Mr. M.S. Dhapola, Advocates for the petitioner.
Mr. Devesh Ghildiyal, Brief Holder for the State of Uttarakhand.
Heard learned counsel for the parties.
As prayed, four weeks' time is granted to learned Brief Holder to file counter affidavit.
List this matter on 14.02.2023.'
2. The appellant had preferred the Writ Petition to assail the order dated 02.11.2022, whereby the petitioner was transferred from Government Higher Secondary School, Ranibagh, Haldwani, District Nainital to Government Higher Secondary School, Bajeri, Block-Betalghat, District Nainital.
3. The grievance of the appellant is that the learned Single Judge did not grant stay of the impugned order of transfer. The further grievance of the appellant is that the appellant's application, for mutual transfer with one Ms. Hem Lata, is pending reconsideration, which the respondents have not reconsidered after the passing of the impugned transfer order dated 02.11.2022.
4. The Writ Petition is still pending consideration, and the respondents have been directed to file their counter affidavit(s). The transfer of the petitioner was effected within the Nainital district. We, therefore, do not find any reason to interfere with the impugned order of transfer, merely because interim stay of transfer was not granted by the learned Single Judge.
5. We, therefore, dismiss the present Special Appeal. However, the appellant may pursue his request for seeking reconsideration of mutual transfer with Ms. Hem Lata.
6. Consequently, pending applications, if any, also stand disposed of.
