Uttarakhand High Court
Sanjeev Mamgain vs State Of Uttarakhand & Others on 18 June, 2015
Author: Servesh Kumar Gupta
Bench: Servesh Kumar Gupta
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 1079 of 2015 (S/S)
Sanjeev Mamgain .... Petitioner
Versus
State of Uttarakhand & Others ... Respondents
Mr. Pankaj Purohit with Ms. Rangoli Purohit, Advocates for the petitioner.
Mr. Sayed Nadim, Standing Counsel for the State/respondent nos. 1 to 4.
18th June, 2015
Hon'ble Servesh Kumar Gupta, J.
Having heard learned counsel for the petitioner as well as learned State Counsel, it transpires that the petitioner Mr. Sanjeev Mamgain was initially appointed on 03.01.2015 as Workshop Instructor in the Government Polytechnic Bachhelikhal, District-Tehri Garhwal, nonetheless, such post was not available because the institute was newly formed. However, such posts were created for all the newly established Government Polytechnics on 06.02.2015, whereby Government Polytechnic Bachhelikhal was also provided three posts of Workshop Instructor.
Just after four months of creation of such posts, the impugned transfer order dated 12.06.2015 has been issued by the Director, Technical Education, Uttarakhand Government, transferring the petitioner from Government Polytechnic Bachhelikhal, District-Tehri Garhwal to Government Polytechnic Bansbagarh, District-Pithoragarh.
Petitioner has enclosed Annexure No. 1 with the petition which shows that at Government Polytechnic Bansbagarh, already two persons namely Mr. Amit Kumar Saini and Mr. Deepak Saini are rendering their services on the post of Workshop Instructors.
On the other hand, at Government Polytechnic Bachhelikhal, out of the three posts of Workshop Instructors, present petitioner Sanjeev Mamgain was rendering his services from 06.01.2015 and in addition to him, respondent no.5 Mr. Satish Kumar has also been transferred.
2In these given facts, even if respondent no.5 joins at the Government Polytechnic Bachhelikhal, then also, there still remains one vacant post of Workshop Instructor against the three sanctioned posts.
Learned counsel for the petitioner has submitted that the petitioner is a newly married person and his wife is posted as Assistant Agriculture Officer in the Directorate of Agriculture, Uttarakhand, Dehradun.
So, looking to this aspect also, the Government may consider the propriety of the transfer order of petitioner from Bachhelikhal to Bansbagarh.
Petitioner is hereby directed to move a representation before the Director, Technical Education, Uttarakhand Government, for re-consideration of the propriety of his transfer from Bachhelikhal to Bansbagarh and such representation will be decided promptly but not later than two weeks from the date of presenting the certified copy of this order. Meanwhile, the impugned order of transfer dated 12.06.2015 regarding only Mr. Sanjeev Mamgain shall remain stayed. It is hereby made clear that if, his representation is rejected by the Authority concerned with a speaking order, then, the stay granted by this Court in favour of the petitioner shall also stand vacated automatically.
Stay application (CLMA No. 6707 of 2015) stands disposed of accordingly.
Let, call the counter affidavit of the respondents within six weeks.
List after six weeks.
The certified copy of this order be supplied to learned counsel for the petitioner on payment of usual charge today itself.
L
(Servesh Kumar Gupta, J.)
Ravi/Nadim 18.06.2015