COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 907/2005 K.N. Uniyal …….Petitioner Versus Union of India through Secretary, Ministry of Defence, New Delhi And Others …….Respondents Sri D.S. Mehta, Advocate holding brief of Sri M.C. Pant, learned Counsel for the petitioner. Sri Arvind Vashistha, learned Assistant S.G. for the respondents. 12th August, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, petitioner has prayed for a writ of certiorari for quashing the impugned orders dated 28.6.2005, 27.6.2005 and 18.6.2005, which are respectively contained in Annexure No. 1, 2 & 3 to the writ petition. 2. Facts, in brief, are that the petitioner was initially appointed as Civilian Instructor (Tailoring) vide appointment letter dated 31.1.1988 and he was subsequently confirmed on the said post on 31.12.1995. In the year 2000, the name of the petitioner was recommended for granting benefit of promotional pay scale under the Assured Career Progression scheme. Thereafter on account of restructuring of P.E., respondents invited options to the following effect on 5.10.2004 for posting and willingness for parallel assignment: 2 (a) Your choice of posting to suitable station. (b) Your willingness to serve in equivalent/similar or lower post, however your salary will be protected. 3. Accordingly, petitioner submitted his option mentioning that he is willing to exercise his option if he would be adjusted on the equivalent post of Welding Instructor as the posts of Welder and Tailoring Instructor have been equated under SRO No. 231 dated 30th May, 1986 and he was having sufficient experience of Welding Instructor. Citing poor health of his wife and pathetic condition of his family, the petitioner requested to be retained at Raiwala or in any workshop in its vicinity. 4. Thereafter ignoring the option of the petitioner, he was directed to report at M.H., Roorkee on the post of Tailor vide order dated 10.1.2005, which was alleged to be reversion in rank. Petitioner also pleaded discrimination among similarly situated employees and it has been averred that other employees were adjusted on the equivalent posts. Therefore, petitioner preferred Writ Petition No. 794 (S/S) of 2005 before this Court against the order dated 10.1.2005. The aforesaid writ petition was disposed of finally vide judgment and order dated 22.6.2005 with direction to the respondents to decide the representation of the petitioner in a positive manner by a reasoned and speaking order. 5. Thereafter petitioner submitted his representation on 27.6.2005, which is contained in Annexure No. 11 to the writ petition. Meanwhile, vide order dated 27.6.2005, the earlier order of posting was cancelled and petitioner was ordered to be posted at 11 FOD C/o 56 APO at Bhatinda. On the very same day, movement order was 3 also issued directing the petitioner to report at Bhatinda. By the order dated 28.6.2005, the aforesaid representation of the petitioner was decided and he was directed to comply with the aforesaid posting orders. 6. While exercising his option the petitioner opted for an equivalent post and further requested for his posting at the same station i.e. Raiwala or at any place in its vicinity. He was initially transferred to Military Hospital, Roorkee. While finally disposing of the earlier writ petition filed by the petitioner, this Court vide its judgment and order dated 22.6.2005 provided that the representation of the petitioner shall be considered in a positive manner. But thereafter vide the impugned order dated 27.6.2005, petitioner was directed to report at Bhatinda in place of Roorkee. A perusal of impugned order indicates that the petitioner was ordered to be transferred on the post of Tailor in his new place of posting while he was a Tailor Instructor. Petitioner has also pleaded discrimination among the similarly situated employees. 7. In view of the facts and circumstances of the case narrated above, writ petition is allowed. Impugned orders are set aside. Petitioner will remain on the post of Civilian Instructor (Tailoring) or shall be adjusted on any equivalent post at Gorkha Resettlement Training Unit, Raiwala, Dehradun. No order as to costs. (P.C. Verma, J.) 12.8.2008 Prabodh