IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 23 (SS) of 2010 Mahendra Ram …Petitioner Versus State of Uttarakhand and Ors. …Respondents Shri Mahendra Singh Bisht, learned counsel for the petitioner. Shri K.P. Upadhyay, learned Addl. Chief Standing Counsel for the State. Dated: January 13, 2010 Hon’ble V.K. Bist, J. (Urgency Application No. 148 of 2010) Heard Shri Mahendra Singh Bisht, learned counsel for the petitioner and Shri K.P. Upadhyay, learned Addl. Chief Standing Counsel for the State on urgency application. Urgency application is allowed. WPMS No. 26 of 2010. Heard learned counsel for the parties. By means of this petition, the petitioner has challenged transfer order dated 10.07.2009 (contained in Annexure-1 to the writ petition) issued by the respondent no. 1 by means of which the petitioner has been transferred from G.B. Pant Uccha Sthaliya Prani Udyan (Zoo) Nainital to Kosi Raji in public interest. Learned counsel for the petitioner submitted that the transfer order of the petitioner was passed on 10.07.2009 and he received communication no. 1884/1-13 on 21.11.2009 after four months of his transfer order. He further submitted that the petitioner has moved a representation on 27.11.2009 (contained in Annexure-3 to the writ petition) before the 2 respondent no. 3 for cancellation of his transfer order. The same was duly recommended by the Forest Range Officer, Nainital (respondent no. 4). Now the respondents are asking the petitioner to get himself relieved from the present place and to join his transferred place. Learned counsel for the petitioner submitted that although the petitioner was transferred in the month of July 2009 but same was communicated to him in the month of November 2009. On the other hand, learned Addl. Chief Standing Counsel for the State submitted that the petitioner was served his transfer order in time but the petitioner did not join his duties at his transferred place. During the course of the argument, learned counsel for the petitioner submitted that the petitioner is a class-IV employee and his daughter is studying in Class-XII in G.G.I.C. Nainital and if the petitioner is compelled to join his transferred place, the study of his daughter will be adversely affected. He prayed before the Court that transfer order of the petitioner may be stayed till 31st March 2010 only thereafter he is ready to join his transferred place. He further prayed that the respondents may be directed to make payment to the petitioner from November 2009 till date, which has not yet been paid to him. Mr. K.P. Upadhyay, learned Addl. Chief Standing Counsel does not have any objection to this prayer. After hearing learned counsel for the parties and seeing the facts and circumstances of the case, it is directed that the petitioner shall not be relieved from the present place till 31st March 2010. The petitioner is also directed to join at his transferred place on 1st April 2010. The respondents shall 3 also consider the case of the petitioner with regard to payment of salary from 1st November 2009 in accordance with law. With these directions/observations, the writ petition is finally disposed of. (V.K. Bist, J.) Vacation Judge VKG 13.01.2010