IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 493 of 2010 Harish Kumar ….Petitioner. Versus State of Uttarakhand and others …Respondents. Sri Kurban Ali, Advocate present for the petitioner. Sri N.P. Sah, Standing Counsel present for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (oral) This writ petition was dismissed for non-prosecution by a learned Single Judge of this Court vide order dated 3.3.2011. Now a restoration application has been filed by the petitioner. Reasons assigned in the restoration application for recalling the order dated 3.3.2011 appear to be bona fide. Restoration application (MCC No. 136 of 2011) is allowed. Order dated 3.3.2011 is recalled. Writ petition is restored to its original number. Heard Sri Kurban Ali, Advocate for the petitioner as well as Sri N.P. Sah, Standing Counsel for the State of Uttarakhand on merits. The petitioner is admittedly a class IV employee, namely, “Safai Nayak” in a Government Inter College in Pauri Garhwal. He is aggrieved by order dated 8.6.2010 (Annexure no. 3 to the writ petition) which has been passed by the Additional Director, School Education, Uttarakhand whereby the petitioner has been transferred as a “Safai Nayak” from Government Inter College Shankar Sain, Pauri Garhwal to District Pithoragarh. The principal contention of the petitioner is that this order is absolutely without jurisdiction inasmuch as a class IV employee is normally not transferred 2 outside the district since the post of “Safai Nayak” is a district level post. This Court vide order dated 30.6.2010 has stayed the impugned order. In the counter affidavit, the reasons assigned by the State Government are that the same has been done because there is one lecturer, namely, Sri Hari Shankar Tiwari who is working as lecturer (Mathematics) in Government Inter College, Sankar Sain, District Pauri Garhwal for the last 27 years and since the petitioner was also working as “Safai Nayak” for the last 27 years, the Chief Minister of the State has directed that on administrative grounds both should be transferred from Pauri Garhwal to Pithoragarh. This letter dated 8.6.2010 is of Principal Secretary to the Chief Minister addressed to the Director, School Examination Department, Uttarakhand which is annexed as Annexure no. 1 to the counter affidavit. Consequently, there is another letter dated 8.6.2010 of the Additional Secretary, Uttarakhand to the Director, School Education, Uttarakhand, Dehradun regarding the same facts. In compliance with the said order, the Additional Director, School Education has passed the impugned order. Not only the said orders which have been passed in the case of the petitioner are absolutely arbitrary but what is more important at the present juncture is that they are totally without jurisdiction, as the petitioner being a class IV employee cannot be transferred outside the district. The only reason for transferring the petitioner is that he has been working in a particular inter college for the last 27 years then he could have been transferred to another inter college in the same district. Transferring him from Pauri Garhwal to Pithoragarh only for the reason that he has been serving for the last 27 years in a particular college, though his appointment is a district level appointment, is wholly illegal. Therefore, the order dated 8.6.2010 passed by the Director, 3 School Education, Uttarakhand (Annexure no. 3 to the writ petition) cannot be sustained and the same is hereby quashed. Writ petition is allowed. No order as to costs. (Sudhanshu Dhulia, J) 11.3.2011 Avneet