IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 183 of 2010 Shri Girish Chander Joshi ……… Petitioner. Versus State of Uttarakhand and others .……. Respondents. Mr. B.M. Pingal, Advocate for the petitioner. Mr. H.M. Raturi, Standing Counsel for the respondents. Date of Judgment: 20.08.2010 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. BARIN GHOSH, C.J. (ORAL) Petitioner has been transferred by an order dated 28th May 2010 and he has been relieved by an order dated 10th August 2010. In accordance with the transfer policy, petitioner submitted his option. It is the contention of the petitioner that, while effecting the transfer, his option has not been considered. There is a presumption of law that things done by a Government officer in exercise of power vested in him have been done in accordance with law. The same suggests that before effecting the transfer, the option of the petitioner was considered. Although it is the contention of the petitioner that his option was not considered, he has not been able to bring on record any evidence to support the said contention. Furthermore, option given by an employee is not absolute; the same is to be honoured, as far as practicable, in accordance with the transfer policy. Petitioner has given a representation dated 26th June 2010, which has not been considered. In that, he has also stated that in the event his representation cannot be accepted, he may be permitted to have voluntary retirement. The offer to obtain voluntary retirement is thus conditional. Let the said representation be considered and the petitioner be informed about the outcome thereof. While, however, considering the said representation, the offer for obtaining voluntary retirement shall not be considered. However, the petitioner, if he so desires, may submit a fresh offer for obtaining voluntary retirement 2 without attaching any condition thereto. In the event, such offer is given, let the same be considered in accordance with law. The time to consider the representation dated 26th June 2010 shall not exceed two months from the date of production of this order and two months from the date of submission of the offer for voluntary retirement. The above order shall not be an excuse for the petitioner not to join the transferred post. 2. This disposes of the writ petition. (V.K. Bist, J.) (Barin Ghosh, C.J.) 20.08.2010 20.08.2010 Amit