IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 90 of 2008 (S/B) Krishna Kumar Nayal .……… Petitioner. Versus State of Uttarakhand Sugar and others ……… Respondents. Mr. U.S. Bhakuni, Advocate for the petitioner. Mr. K.P. Upadhyaya, Addl. C.S. C. for the respondents. Hon’ble Tarun Agarwala, J. Hon’ble V.K. Bist, J. Heard Shri U.S. Bhakuni, the learned counsel for the petitioner and Shri K.P. Upadhyaya, the learned Addl. C.S.C. for the respondents. The petitioner was working as a Lecturer in English in Government Inter College Hawalbagh, District Almora and, by an order dated 5th September, 2006 issued by the Director, Education Department, the petitioner was transferred as Head Master to Government Higher Secondary School, Katpuria, District Nainital. In compliance of the aforesaid order, the petitioner was relieved on 13th September, 2006 and thereafter proceeded to join in the new institution at Nainital. But to his utter dismay, the petitioner found that no such college existed in Nainital and, consequently, reported the matter to the District Education Officer, Nainital and also requested him to attach him in his Office till the matter was sorted out. It transpires that the respondents ultimately realized their mistake and passed a fresh order dated 1st December, 2006 transferring the petitioner as a Head Master to Government Higher Secondary School Turkagauri in Udham Singh Nagar. Based on the said order, the petitioner joined the said institution on 3rd December, 2006. 2 The petitioner, thereafter, made a representation that the period spent in the office of the District Education Officer at Nainital from 14th September, 2006 to 2nd December, 2006 should be treated as spent on duty and for that period he should also be paid his salary. Since, his representation remained pending, the present writ petition was filed. The respondents in their counter affidavit admit that a wrong transfer order dated 5th September, 2006 was passed and that the institution was located in District Almora and not in District Nainital and that the transfer order contained a typographical mistake, and that, when this fact was realized by the respondents, a rectification order dated 25th September, 2006 was issued. The respondents contended that inspite of the rectification order being issued, the petitioner did not join the place of transfer and used political strings to manipulate and force the respondents in passing a fresh order dated 1st December, 2006. Having heard the learned counsel for the parties, the Court is of the opinion that the stand taken by the respondents cannot be accepted. Nothing has been indicated in the counter affidavit that the transfer order dated 25th September, 2006 was communicated to the petitioner. In the absence of the order being communicated and served upon the petitioner, it would not be possible for the petitioner to join the place of transfer and comply with the order dated 25th September, 2006. On the other hand, the court finds that the respondents passed an order dated 1st December, 2006 which the petitioner has complied with and also joined the place of transfer. In view of the aforesaid, the petitioner could not be faulted for not joining at the place of transfer since the order of transfer dated 5th September, 2006 admittedly was to a place which did not exist. The petitioner could not comply with the said order, since 3 during this period, it is admitted that the petitioner remained attached in the office of the District Education Officer, Nainital. In view of the aforesaid, the Court is of the opinion that the petitioner is entitled to the relief claimed in the writ petition. The writ petition is allowed. A writ of mandamus is issued commanding the respondents to treat the petitioner as having spent on duty during the period 14th September, 2006 to 2nd December, 2006. The respondents are further directed to pay him the salary for the said period within three months from the date of the production of a certified copy of this order. (V.K. Bist, J.) (Tarun Agarwala, J.) Date: 24/09/2010 Shiv