IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 900 of 2005 (S/S) Ummed Singh Bora S/o Late Sri Kishan Singh Bora R/o Kaushal Colony, Malli Bamori P.O. Bhotia Parav Haldwani District Nainital ……Petitioner Versus 1. State of Uttaranchal through the Secretary Food and civil Supplies, Dehradun Uttaranchal 2. Commissioner Food and civil Supplies, Dehradun Uttaranchal 3. Finance Controller, Food and civil Supplies, Dehradun, Uttaranchal 4. Regional Senior Financial Officer (Food) Kumaon Region Haldwani District Nainital Uttaranchal ……..Respondents Sri D.S. Patni, learned counsel for the petitioner Sri Paresh Tripathi, learned standing counsel for respondents Hon’ble B.C. Kandpal, J. By way of this writ petition, the petitioner has sought a relief in the nature of certiorari quashing the impugned transfer order No. 315/2005 dated 01.07.2005 (annexure No. 1 to the petition) passed by respondent No. 4. Brief facts giving rise to this petition are that the petitioner is presently posted as Accountant at Food & Civil Supplies (Accounts Branch), Kumaon Division, Haldwani. The respondent No. 4 i.e. Regional Senior Financial Officer (Food) vide order dated 04.07.2005 has relieved the petitioner forthwith to the Officer of Regional Senior Financial Officer (Food) Garhwal Region, Dehradun. 2 The petitioner by way of this writ petition has challenged the transfer order dated 01.07.2005 passed by respondent No. 2 i.e. Commissioner, Food & Civil Supplies, Dehradun. Heard learned counsel for the parties and perused the record. The petitioner has invited my attention towards the averments made in the petition wherein it has been averred that the petitioner has been discriminated in the matter of transfer on account of the fact that other persons who are posted at Haldwani for more than 15 years have been retained which is contrary to the transfer policy while the petitioner has been transferred and has also been directed to be relived from the region. It is also submitted that there is no inquiry or complaint pending against the petitioner. Learned counsel for the petitioner has further submitted that the wife of the petitioner is presently posted at Basic Education Department, Haldwani and as per the State Government transfer policy Order No. 1050/XXX(2)/2005 dated 29.04.2005 for the year 2005, the husband and wife in the Government service should be posted in one district/city/place as far as possible. I do not find any sufficient ground which may invoke the jurisdiction of Article 226 of the Constitution of India. However, I direct the respondent No. 2 to reconsider the matter of the petitioner within 15 days, from the jurisdiction of the certified copy of this order and in case, if the petitioner files a representation giving all the material therein from the production of certified copy of this order. Accordingly, the petition is finally disposed of. The petitioner is directed to file fresh representation before the respondent No. 2 along with the certified copy of the judgment passed by this Court and the respondent No. 2 is further directed to dispose of the representation of the petitioner in a sympathetic manner within a period of 15 days thereafter. (B.C. Kandpal, J.) 08.07.2005 ASWAL