IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 239 OF 2011 (S/S) Avdhu Singh Yadav ……………..Petitioner. Versus State of Uttarakhand and others. ………Respondents. Present: Mr. M.C. Pant, Advocate for the petitioner Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand / respondent nos. 1 to 5. Hon’ble Sudhanshu Dhulia, J.(Oral) Heard Mr. M.C. Pant, Advocate for the petitioner and Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand/respondent nos. 1 to 5. The petitioner is a Junior Engineer in the Minor Irrigation Department, who has challenged his transfer from Dak Patthar to Bahadrabad, Haridwar. The petitioner alleges that he is on this post for the last one year. Normally, the policy is that the transfers are only made after a person has been on the same place for three years. Apart from this, the second ground taken by the petitioner is that he has just undergone a by-pass surgery at PGI Lucknow, and he will not be able to take transfer to the said place, inasmuch as, it will undoubtedly involve some physical hardship to him. Transfer is an exigency of service and the interference by the Courts is normally made only on two grounds A) where there is a statutory violation or B) the order has been passed due to malafide reasons. Since none of these two grounds exist in the present writ petition, no relief can be granted by this Court. However, it is directed that in case, the petitioner makes a representation to the Secretary, Minor Irrigation, the same shall be considered and disposed of by the said 2 Secretary by way of a speaking order as expeditiously as possible, but in no case later than three weeks from the date a certified copy of this order is produced before him. The petitioner is also relying upon a Full Bench judgment of this Court, namely, Smt. Damyanti Bisht Vs. State of Uttarakhand and others 2008 (2) U.D., 517, which calls for certain measures to be taken by the Administrative Authority while transferring an employee on administrative ground. The concerned Authority shall also take into consideration the said judgment before deciding the representation of the petitioner. With the aforesaid directions, the instant writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 18.3.2011 Rathour