HIGH COURT OF UTTARANCHAL AT NAINITAL. Writ Petition no. 1152 (S/S) 2006 K.S. Negi S/o late Sri Kamal Singh Negi, At present working as Supply Inspector, In the office of District Supply Officer, Uttarkashi. -- Petitioner. Versus 1. State of Uttaranchal, through Secretary, Food & Civil Supply Department, Civil Secretariat, Dehradun, 2. Commissioner, Food & Civil Supply Department, Uttaranchal, Dehradun. --Respondents. Sri Rajendra Dobhal, learned counsel for the petitioner, Sri Paresh Tripathi, learned Standing Counsel for the State/respondents. Hon’ble M.M. Ghildiyal, J. Heard Sri Rajendra Dobhal, learned counsel for the petitioner and Sri Paresh Tripathi, learned Standing Counsel for the State/respondents. By the present writ petition, the petitioner has prayed for the following reliefs:- i. Issue a writ, order or direction in the nature of certiorari, calling for the records and quashing the impugned order of transfer dated 10.07.2006 (annexure no.3 to this writ petition), passed by Commissioner, Food & Civil Supply Department, Uttaranchal, Dehradun-respondent no. 2, so far as it relates to the petitioner, 2 ii. Pass any other and further orders, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, iii. Award the cost of writ petition to the petitioner. The petitioner is aggrieved with the order dated 10.07.2006 passed by the Commissioner, Food and Civil Supplies, Uttaranchal Dehradun by which the petitioner who is working as Supply Inspector in the district Uttarkashi, has been transferred to Pithoragarh. The petitioner has assailed the impugned transfer order on various grounds, such as; while transferring the petitioner, the respondents have not followed the guidelines issued by the State of Uttaranchal in its policy dated 27.06.2006; The wife of the petitioner is a Headmistress and is posted in the district Uttarkashi and as per the policy of the Govt. the husband and the wife should have been placed as far as possible, at one place; by transferring the petitioner, the husband and wife have been separated; the petitioner has completed 56 years of his age and after four years’ he will be retired. Besides it, the petitioner has been elected as president of the District Union and according to the policy decision of the State, the office bearers of a registered union should not be transferred for at least two years. It is further submitted that the District Magistrate has also recommended for stay of petitioner’s transfer, in view of the fact that the posts are vacant in district Uttarkashi and no one has turned up, till date, to take charges of the petitioner and the petitioner has not relieved till date. Counsel for the petitioner has further submitted that in case, it was not possible for the respondents to retain the petitioner at Uttarkashi, he should have easily been transferred 3 to nearby district where the posts are vacant but he has been transferred from one corner to another in the State i.e. from Uttarkashi to Pithoragarh. Ultimately, it is submitted that the petitioner should have been transferred to adjoining district where the posts are vacant. The petitioner, by way of representation dated 14.07.2006, has already raised his grievances before the Commissioner, Food & Civil Supplies, Uttaranchal Dehradun through proper channel, which is annexed as annexure no. 7 to the writ petition and the same is still pending before respondent no. 2. In the circumstances I direct the respondent no. 2 to take decision on the representation of the petitioner dated 14.07.2006 by a speaking order, within a period of two weeks, from the date of receipt of a certified copy of this order. The petitioner is directed to submit a certified copy of this order before resp0ndent no. 2. Let a certified copy of this order be supplied to the petitioner, today itself, payment of usual charges. With these direction, the writ petition is finally disposed of. The interim relief application no. 10838/06 stands disposed of. No order as to costs. (M.M. Ghildiyal, J.) August 24, 2006: NCM: