IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Application No.6243 of 2010 In Writ Petition No. 615 of 2010 (S/S) Raj Mohan Chamoli, aged about 51 years, S/o Late Devi Prasad Chamoli, R/o Village Sumari Post Sumari District Pauri Garhwal. ……Petitioner Versus 1. State of Uttarakhand through Secretary Revenue, Uttarakhand Government, Dehradun. 2. Chief Revenue Commissioner, Uttarakhand, Dehradun. …….Respondents Mr.Rajendra Dobhal Senior Advocate with Mr. D.C.S. Rawat, Advocate for the petitioner. Mr. Subhash Upadhyay, Brief Holder for the State/respondents. Dated:-11-08-2010 Hon’ble B.S.Verma, J. Heard learned counsel of the parties and perused the record. By means of this writ petition, petitioner has sought the following relief’s:- 1. Issue, Writ, Order or direction in the nature of certiorari quashing the impugned order dated 05.07.2010 passed by respondent no.2 (Annexure No.1) to the writ petition. 2. Pass any other writ, order or direction, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. 3. Award the cost of the writ petition to the petitioner. The grievance of the petitioner is that by the impugned order dated 05.07.2010 issued by respondent No 2, the petitioner has been transferred from office of Special Land Acquisition Unit, Pauri District, Pauri Garhwal to Special Land Acquisition Unit, Almora District Almora. It has been contended that on 16.10.1999 the erstwhile State of U.P. has issued a Government Order whereby the Special Land Acquisition Unit of Pauri Garhwal and district Almora have been abolished and in the same Government Order direction was given to the Director, Land Acquisition Directorate to adjust the employees working in the aforesaid two Units to some other Revenue Departments. The learned counsel for the petitioner drew the attention of this Court to the order passed in writ petition No. 927 of 2009, Sunil Kumar Vs. State of Uttrakhand through Secretary Revenue, Uttarakhand Government Dehradun, the writ petition was allowed by this court and transfer order was set aside on the ground that the petitioner was transferred to the non existing post. In the present case the petitioner is posted at Pauri, it is also a non functional post. The petitioner submits that, he has been transferred to another office which is also non functional. It means that he has been transferred from non functional post to another non functional post. The petitioner had made representation before the Collector, the same recommended on 28.07.2010 to the Chief Revenue Commissioner, Uttarakhand, Dehradun for redressal of his greivance. In the facts and circumstances, it is directed that the Chief Revenue Commissioner shall decide the representation of the petitioner in the light of the recommendation made by Collector dated 28.07.2010. With the said direction the writ petition is disposed of finally till the decision is taken on the representation by the Chief Revenue Commissioner, the petitioner shall be allowed to work. All pending applications stands disposed of. (B.S.Verma, J.) 11-08-2010 JM