IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Vacation Application No. 5327 of 2010 In Writ Petition No. 515 of 2010 (S/S) Shiv Kumar Shukla, S/O Sri Ram Kripal Shukla, serving as Senior Assistant, Administrative Division, Research Irrigation Institute, Roorkee District Haridwar. ……Petitioner Versus 1. Chief Engineer and Head of Department, Irrigation Department, Uttarakhand, Dehradun. 2. Chief Engineer (Design) and Director, Irrigation Research Institute, Roorkee District Haridwar. 3. Sri Suresh Chandra Sharma, Superintending Engineer/In- charge Chief Engineer (Design) and Director, Irrigation Research Institute, Roorkee District Haridwar. 4. Executive Engineer, Administative Division, Irrigation Research Institute, Roorkee District Haridwar. …….Respondents. Mr. Manoj Tiwari, Senior Advocate with Mr. Alok Mehra, Advocate for the petitioner. Mr. Subhash Upadhyay, Brief Holder for the State/respondents No. 1,2 & 4. Dated:-06-07-2010 Hon’ble B.S.Verma, J. Heard learned counsel of the parties and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari for quashing the impugned transfer order dated 01.06.2010 passed by the Respondent No.1 annexed as annexure No.11 to the writ petition. According to the petitioner, the petitioner challenged order of transfer on the ground that the transfer was made with malice intention and the respondent no. 3 is instrumental in transfer of the petitioner. According to the petitioner, he made a complaint in the year 2008 as Joint Secretary of Roorkee Unit of Miniterial Association on 03.11.2008, the same was forwarded by said Joint Secretary to the Chief Engineer(Design)/Head of the Department of Irrigation Department, Dehradun, Uttarakhand and Head of the Department initiated inquiry on 30.12.2008. Thereafter, the petitioner was transferred vide order dated 05.02.2009 from one division to another division in the Roorkee circle, subsequently that transfer order was cancelled by respondent no.3 on 10.07.2009, and the petitioner was transferred to Administrative Division to Ground Water Division, Roorkee. This said transfer order was cancelled by Chief Engineer (Design)/Head of the Department vide order dated 27.07.2009. Subsequently the petitioner was transferred by order impugned in Irrigation Division, Chamoli on the same post. Petitioner was relieved on 3rd June, 2010 in pursuant to the transfer order. The transfer was made on the recommendation of respondent No.3 In-charge design, Director (Irrigation). By perusal of the record of the petitioner it reveals that the petitioner is working since, 2001 in Roorkee Division, earlier, the petitioner was transferred to Roorkee Circle in other Divisions but did not joined subsequently the order of transfer was cancelled. The transfer is the exigency of service the petitioner could not claim as a right that he will remain at one place during the entire service period. I find no illegality in the order impugned. The writ petition is devoid on merit and is hereby dismissed. All pending applications stand disposed of accordingly. (B.S.Verma, J.) 06-07-2010 JM