IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 207 OF 2011 (S/S) Atar Singh ……………..Petitioner. Versus State of Uttarakhand and others. ………Respondents. Present: Mr. D.S. Mehta, Advocate for the petitioner Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J.(Oral) Heard Mr. D.S. Mehta, Advocate for the petitioner and Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand. This writ petition is disposed with the consent of both the parties. The petitioner, who is a daily rated worker in the Forest Department has in fact been transferred from Kalsi Range, Dehradun to Gopeshwar, District Chamoli. The contention of the petitioner is that since he is a daily rated worker, he cannot be transferred much less from one district to another. On the last occasion i.e. on 15.3.2011, instructions were called from the State. Learned Standing Counsel for the State of Uttarakhand states that there is no work for the daily rated workers at Kalsi Range, Dehradun. He further states that the petitioner has not been transferred but has been sent to Gopeshwar, as there is work available for the petitioner in Gopeshwar. Be that as it may, in the considered view of this Court, since a daily rated worker cannot be transferred from one district to another and in fact the impugned order appears to be a transfer order, the order dated 3.1.2011 (Annexure –3 to the writ petition) cannot be 2 sustained and is hence set aside. The writ petition is allowed. No order as to costs. However, it is made clear that in case there is no work for the petitioner at Kalsi Range, efforts will be made by the respondent authorities to absorb the petitioner at any nearby place. (Sudhanshu Dhulia, J.) 23.3.2011 Rathour