Dr. Arun Kumar Dubey v State of Uttarakhand and others
Uttarakhand High Court
20 June 2013
W.P. No. 375 of 2012 (S/B)
The Judgment was delivered by : Prafulla C. Pant, J.
1. Heard.
2. By means of this petition, moved u/art. 226 of the Constitution of India, petitioner has sought writ in the nature of mandamus, commanding respondent no.1 to decide the representation of the petitioner relating to his transfer.
3. Learned counsel for the petitioner states that he does not want to press relief no.1 pertaining to quashing of transfer order of respondent nos.4, 5, 6 and 7. He further stated that he does not want to press relief no.2 also regarding the inquiry relating to the transfer list issued. In other words, he pressed only prayer relating to direction to take decision on his representation.
4. It is contended on behalf of petitioner that the petitioner, who was posted as Assistant Professor in Sociology in Government Post Graduate College, Joshimath, in the year 2005, is still waiting for his transfer even after a period of seven years. It is also pointed out on behalf of petitioner that no heed was paid to his representations made by him in the year 2010 and 2011. The last representation made on 15.9.2012 (Copy Annexure 7) also remains unanswered.
5. In the above circumstances, this Court is of the view that this writ petition deserves to be disposed of by directing the respondent no.1 to take a decision on the representation dated 15.09.2012, made by the petitioner, within a period of three months.
6. Accordingly, the writ petition is disposed of with the direction to Principal Secretary, Higher Education, Government of Uttarakhand to take a decision on the representation dated 15.09.2012 (Annexure 7 to the petition) [regarding the request for his transfer from Government P.G. College, Joshimath] within a period of three months from the date of certified copy of this order is produced in the office of said Authority. (Stay application no.11301/12 and application for final disposal no.6021/13 stand disposed of)
Petition disposed of