Sanjay Kumar Gupta v. State of Uttarakhand Through Secretary (Finance) Section - 6 Civil Secretriat, Dehradun

Order dated

17.07.2018 (Annexure No. 2).

(ii) To issue a writ, order or direction in nature of mandamus directing respondent No. 2 and 3 to modify the Transfer Order of the petitioner in view of Length of Service served by the Petitioner in the Sugam Area in view of Government Order dated 17.07.2018 and transfer the officers who served more than the petitioner in Sugam Area."

3)

After arguing for a while, Mr. Bhatia, learned counsel appearing for the petitioner, confines his prayer and submits that the writ petition be disposed of by

directing the competent authority to take decision on petitioner's representation dated 01.08.2024.

4)

In such view of the matter, the writ petition stands disposed of by directing respondent No. 2 to take decision on petitioner's representation dated 01.08.2024, one way or the other, within four months from the date of production of certified copy of this Order.

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MANOJ KUMAR TI W ARI , A.C.J.

_ _ _ _ _

VI VEK BHARTI SHARMA, J.

Dt: 4TH DECEMBER, 2024 Negi

HIMAN SHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=bb3b60774012c1ef1dae20 d13aaf116e73351fdaf687832638690 8a7f90d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A8099 0FC51A722A6BC552D470EB4FD2F8 8DDF7C18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2024.12.05 18:43:35 +05'30'

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON'BLE THE ACTI NG CHI EF JUSTI CE MR. MANOJ KUMAR TI W ARI AND HON'BLE MR. JUSTI CE VI VEK BHARTI SHARMA W RI T PETI TI ON ( S/ B) NO. 6 8 6 OF 2 0 2 4 4 TH DECEMBER, 2 0 2 4 Sanjay Kumar Gupta …… Petitioner Versus State of Uttarakhand and others …… Respondents Counsel for the petitioner : Mr. Hari Mohan Bhatia, learned counsel Counsel for the respondents : Mr. P.C. Bisht, learned Additional Chief Standing Counsel for the State Th e Cou r t m ade t h e follow in g: JUDGMENT: ( per Hon 'ble Th e Act in g Ch ief Ju st ice Mr . Man oj Ku m ar Tiw ar i) Petitioner is serving as District Audit Officer in the department of Finance of Government of Uttarakhand. According to the petitioner, he was appointed in the year 1998 in erstwhile State of Uttar Pradesh, and upon State re-organization, his services were allotted to State of Uttarakhand under Section 73 of the U.P. Re-organization Act, 2000. According to him, he is entitled to the benefit of services which he rendered in Durgam places before his final allotment to State of Uttarakhand for considering his case for transfer to a Sugam place. However, the said benefit is not being given to him. 2) By means of this writ petition, petitioner has sought the following reliefs : "(i) To issue a writ, order or direction in the nature of certiorari to quash the Eligibility List prepared by Respondents (Annexure No. 3) or in alternative issue a writ, order or direction to the respondents to correct the service of petitioner in Sugam Area in the Eligibility List (Annexure No. 3) in view of Government