IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 985 (S/S) of 2007 Hari Dutt Sharma S/o Raghunandan Prasad Presently working as Sinch Paryavekshak at Irrigation Division Rudrapur Udham Singh Nagar -----Petitioner Versus 1. State of Uttarakhand Principal Secretary, Irrigation Department 2. Chief Engineer and Head of the Department, Irrigation Department Karmik Anubhag, Dehradun 3. Executive Engineer, Irrigation Department Rudrapur, Udham Singh Nagar 4. Chief Engineer Uttar Gangahati, Irrigation Department Uttarakhand, Haldwani ------Respondents Hon’ble M.M. Ghildiyal, J. Heard Sri S.S. Yadav, learned counsel for the petitioner and Sri Paresh Tripathi, learned Brief Holder for State of Uttarakhand for the respondents. By means of this writ petition, the petitioner has prayed for the following reliefs: 1. Issued a writ, rule, order or directions in the nature of certiorari quashing the order dated 26.05.2007 and transfer order dated 21.07.2007 (Annexure 1 & 2). 2. Issue a writ, order or direction in the nature of mandamus directing the respondents not to disturb the functioning of the petitioner as Sinch Paryavekshak at Irrigation Division Rudrapur, Udham Singh Nagar till the pendency of present petition. 3. Issue any other order or direction, which this Hon’ble Court may deem fit and proper under the circumstances of the case. 4. Award cost of the petition in favour of the petitioner. By the impugned order dated 21st July, 2007, the attachment of the petitioner was cancelled and he was directed to join at Uttar Kashi. The petitioner was promoted from the post of Sinch Pal to Sinch Paryavekshak vide order dated 26.05.2007. It appears that thereafter an order was passed attaching the petitioner at Rudrapur. By the impugned order dated 21st July, 2007, the attachment of the petitioner at Rudrapur has been cancelled and he is directed to join at Uttar Kashi. From the promotion order also, it is clear that the petitioner has been promoted on the post of Sinch Paryavekshak against a vacant post at Uttar Kahsi. The submission of the learned counsel for the petitioner is that the petitioner is handicapped up to 45% because of spinal disease and in these circumstances, it would be very difficult for him to join and work at Uttar Kashi. He has further submitted that he is also ready to forego the promotion. So far the cancellation of attachment is concerned, learned Standing Counsel has submitted that the Government has framed a Policy to cancel all the attachment of all the employees. Learned counsel for the petitioner has submitted that he is not aggrieved against the cancellation of attachment, but he may be adjusted by transferring him at Rudrapur in view of his ailment. Learned counsel for the petitioner has also submitted that petitioner has also filed a representation before Superintending Engineer, Irrigation Department, Rudrapur on 27.07.2007, which is Annexure 5 to the writ petition. In the circumstances, I deem it fit and proper to direct the Superintending Engineer, Irrigation Department, Rudrapur to forward the representation of the petitioner to the appropriate authority, which is respondent no. 2 Chief Engineer and Head of the Department, Irrigation Department Karmik Anubhag, Dehradun and the respondent no. 2 is also directed to take decision on the representation of the petitioner dated 27.07.2007 sympathetically, considering the physical condition of the petitioner within a period of two weeks from the date he is in receipt of the recommendation from Superintending Engineer. Superintending Engineer is also directed to forward the representation of the petitioner within 10 days from the date of production of a certified copy of this order before him. With this direction, the writ petition is finally disposed of. All the pending applications stand disposed of. (M.M. Ghildiyal, J.) 31.07.2007 VKS