IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 288 of 2011 Satyapal Singh. ………. Petitioner Versus State of Uttarakhand & another. ..………. Respondents Mr. Shobhit Saharia, Advocate for the petitioner. Mr. Vinay Kumar, Standing Counsel for the State of Uttarakhand / respondent No. 1. Ms. Joyce Irwin, Advocate, holding brief of Mr. D.S. Patni, Advocate, for respondent No. 2. JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble U.C. Dhyani, J. BARIN GHOSH, C. J. (Oral) Petitioner, an employee of Uttarakhand Pey Jal Nigam, has been transferred to a society. While Uttarakhand Pey Jal Nigam is a statutory body, constituted by and under a Statute; the society, to which the petitioner is being transferred, is a society registered under the Societies Registration Act. This transfer is without the consent of the petitioner. It is settled law that, without consent of the employee, an employer cannot transfer such an employee to another employer. 2. We, accordingly, quash the transfer order and direct the Uttarakhand Pey Jal Nigam to restore the status of the petitioner as he had in Uttarakhand Pey Jal Nigam immediately before the impugned transfer order was issued. It goes without saying that the said transfer order being per se illegal, if in view of the said transfer order, petitioner has been deprived of his salaries; it must be deemed that the said transfer order impeded discharge of duties by the petitioner to the post, which was being held by him and, accordingly, petitioner shall be entitled to all such salaries. The writ petition, accordingly, stands allowed. (U.C. Dhyani, J.) (Barin Ghosh, C. J.) 28.11.2011 28.11.2011 G