Uttarakhand High Court directs UAFDC to frame transfer guidelines after employee transferred thrice in 20 days

The Uttarakhand High Court on Tuesday directed the Uttarakhand Forest Development Corporation (UAFDC) to frame guidelines in respect of the transfer of its employees [Rakesh Kumar Vs. State of Uttarakhand and others]..A Bench of Chief Justice G Narendar and Justice Ashish Naithani passed the order after an employee moved the Court alleging he was transferred thrice in twenty days.The Court said that a transfer comes with significant effects, including financial implications and in the absence of proper guidelines, such transfer could repeatedly be challenged before courts. Accordingly, the Bench found it appropriate to direct UAFDC to frame guidelines and submit them before the Court on or before June 2."This Court is of the considered opinion that it would be appropriate to direct the Corporation to frame transfer guidelines, probably in consonance with the Uttarakhand Annual Transfers for Public Servants Act, 2017, otherwise there is every possibility that orders of transfers could be challenged on the ground of arbitrariness or unreasonableness," it said..The Court passed the order on a petition moved by one Rakesh Kumar, a UAFDC employee over his repeated transfers since July 2023. Within less than 20 days in 2023, he was transferred three times —on July 12, July 27 and July 31."That it is shocking that one employee of the corporation is subject to such repeated transfers in this kind of a manner, particularly in a situation where the transfers do not indicate any wrong doing on the part of the petitioner, they are not punishment postings and are being made in a matter of not just days but hours," Kumar said in his plea..The Court had granted interim relief to Kumar in 2023. However, his transfers continued, prompting him to approach the High Court repeatedly. On February 11, his counsel told the Court that he will remain in Kaladhungi, where he was transferred on February 2.Accordingly, the Court disposed of Kumar's petitions. However, the matter has now been kept pending with regard to the policy for transfer of employees of UAFDC..Advocates Abhijay Negi and Snigdha Tiwari represented the petitioner.Deputy Advocate General K N Joshi along with Brief Holder for the State Rajni Supyal appeared for the State. Advocate Shobhit Saharia appeared for a private respondent..[Read Order]