IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 105 of 2010 (S/S) Dinesh Kumar Saini S/o Sri Sahi Ram ..……… Petitioner Versus State of Uttarakhand and others ……… Respondents Mr. Rajendra Dobhal, Senior Advocate assisted by Ms. Geeta Parihar, Advocate for the petitioner. Mr. Subhash Upadhyaya, Brief Holder for the respondents. Hon’ble Tarun Agarwala, J. Heard Shri Rajendra Dobhal, the learned Senior Counsel duly assisted by Ms. Geeta Parihar, the learned counsel for the petitioner and Shri Subhash Upadhyaya, the learned Brief Holder for the respondents. The petitioner is a Patwari and was posted in District Tehri Garhwal. By an order dated 20th November, 2009, the petitioner was transferred from Tehri Garhwal to District Haridwar on a vacant post of Lekhpal. On 5th December, 2009, the petitioner was relieved and joined the office of the District Magistrate Haridwar on 7th December, 2009. The District Magistrate by an order dated 14th December, 2009, posted the petitioner at Roorkee on the post of Lekhpal. In compliance of the said order, the petitioner joined at Roorkee on 15th December, 2009. In paragraph 13 of the writ petition, it has been alleged that since the date of joining, the petitioner is coming to the Office but is not being made to sign the attendance register. In paragaph 14 of the writ petition, the petitioner has alleged that the petitioner is sitting idle and is not getting his salary for the last three months, i.e., from the date of his joining. In paragraph 15 of the writ petition, the petitioner has contended that the petitioner is facing financial hardship on 2 account of non-payment of salary and, consequently, the petitioner has filed the present writ petition praying for a writ of mandamus commanding the District Magistrate Haridwar to allocate the Lekhpal circle and permitting him to work and further direction be issued for payment of his salary. This Court had directed the respondents to file a counter affidavit and during the pendency of the writ petition, the Commissioner, respondent No.3 issued an order dated 6th March, 2010 cancelling the order dated 20/11/2009. Consequently, by this order, the petitioner is now required to report at Tehri Garhwal. The petitioner, being aggrieved by the cancellation of the transfer order, has filed the amendment application for the quashing of the order dated 6th March, 2010 which has been allowed and necessary amendments has been incorporated in the writ petition. The respondents, in their counter affidavit, have admitted that the petitioner was transferred from District Tehri Garhwal to District Haridwar and, by an order of the District Magistrate was posted at Roorkee. In paragraph 13 of the counter affidavit, the respondents have contended that since the Lekhpal Association of Haridwar agitated the transfer of the petitioner on the post of Lekhpal and, since no post of Patwari was available at Haridwar, the petitioner was not given any work. The respondents have further tried to justify their action in stating in paragraph 13 of the counter affidavit that since the petitioner was not given any work, he was not entitled for any salary. In the light of the fact that there is no post of Patwari in Haridwar, the order passed by the Commissioner dated 6th March, 2010 appears to be justified and, consequently, requires no 3 interference. In view of the aforesaid, the relief claimed by the petitioner for allotment of work in District Haridwar on the post of Lekhpal has been rendered infructuous. However, the petitioner is entitled for salary. Admittedly, the respondent No.3 issued the transfer order transferring the petitioner from District Tehri to District Haridwar and pursuant to the said order, the petitioner joined in District Haridwar on 7th December , 2009 and at Roorkee on 15th December, 2009. Even though, no work was allocated to the petitioner, by the respondents, the fault is entirely theirs and the petitioner cannot be faulted on the issuance of a wrong transfer order. It has also come on record that pursuant to the transfer order dated 6th March, 2010, the petitioner has been relieved by the order dated 12th March, 2010. In view of the aforesaid, the writ petition is disposed of with the direction to the District Magistrate, Haridwar to pay the salary to the petitioner from the date of his joining at Haridwar, i.e., 7th December, 2009 to 12th March, 2010 within two weeks from the date of the presentation of a certified copy of this order. (Tarun Agarwala, J.) Dated 16.04.2010 Shiv