Uttarakhand High Court
WPSB/396/2022 on 20 July, 2022
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
WPSB No.396 of 2022
Shri Vipin Sanghi, C.J.
Shri Ramesh Chandra Khulbe, J. Mr. Vinay Kumar, learned counsel along with Ms. Sudha Tamta, learned counsel for the petitioner.
Mr. K.N. Joshi, learned Deputy Advocate General for the State.
Learned counsel for the petitioner has produced the communication dated 19.07.2022 received from the Uttarakhand Veterinary Services Association which states that there is no practice of registration of district level associations with the State Government. He submits that the district level association of which the petitioner is the General Secretary is a part of the Uttarakhand State Veterinary Services Association at the district level. He has also drawn our attention to the eligibility list drawn by the respondents wherein several employees sought protection by placing reliance on Section 17(2)(d) of the Transfer Act and, in respect of some of them, the respondents appear to have exceeded while issuing the transfer orders.
It is pointed out that some of them are the President/ Secretary of the district level associations of the recognized umbrella associations.
Let the respondents file their counter affidavit within ten days, as prayed for, with copy to the petitioner. The original records should also be kept available for perusal of 2 the Court by the next date.
The petitioner should file a rejoinder affidavit to the counter affidavit clearly stating as to how many members have been enrolled at the district level associations; the manner in which the President and Secretary of the district level associations were chosen with the relevant record and should also place on record the Memorandum of Association and Article of Association of the district level association.
List the matter on 20.09.2022. In case the petitioner joins the transfer post within the next one week, no action shall be taken against her and she shall be permitted to join the same. The petitioner may proceed to join the post without prejudice to her rights and contentions, subject to further orders in the petition.
(R.C. Khulbe, J.) (Vipin Sanghi, C.J.) 20.07.2022 BS/SS