In a significant ruling, the Uttarakhand High Court has refused to accept the state government's classification of areas as 'sugam' (accessible) and 'durgam' (non-accessible) for transferring public servants. The court held that while departments are free to transfer employees, they cannot do so based on this specific classification introduced through a 2018 circular.
Court Upholds Clarity of Previous Order
A single bench of Justice Rakesh Thapliyal disposed of a batch of petitions filed by two education department employees. The bench noted that its earlier order from April 9, 2023, was "very clear." That order permitted transfers only in specific contingencies, such as a long tenure. Long tenure, the court clarified, could be assessed based on service rendered in plain areas including Dehradun, Haridwar, Haldwani, Rudrapur, Ramnagar, and Kotdwar.
The petitioners had challenged the Uttarakhand Annual Transfer for Public Servants Act, 2017, arguing that the sugam-durgam classification appeared arbitrary. They pointed out that these terms were not defined anywhere in the Act itself. The state government later issued a circular on March 19, 2018, prescribing criteria to identify such locations.
"Completely Futile" Exercise by Authorities
The court's scrutiny revealed serious flaws in the government's classification process. During a hearing on February 13, 2023, the Chief Standing Counsel informed the court of a bizarre instance in Uttarkashi district. Two institutions located in the same village, at the same place, and within the same gram sabha were categorized separately—one as sugam and the other as durgam.
Calling this "very strange," the court remarked that such differential categorization of institutions at an identical location clearly showed the exercise undertaken by state authorities was "completely futile." The education department secretary had earlier informed the court that the department itself faced difficulties in classifying areas, with a large number of officials deputed solely for this task.
Court Issues Stern Warning on Violations
The petitioners' counsel also highlighted a June 2023 transfer order issued by the director of health services. Under this order, nine chief pharmacists were transferred under the Act, allegedly in blatant violation of the High Court's February order restraining transfers based on the sugam-durgam classification.
In response, the High Court directed the Chief Standing Counsel to apprise concerned officials "not to misinterpret its restraint order and to follow it in letter and spirit." The court issued a stern warning, stating, "If there is any violation, then it appears to be a very serious issue and this court will not hesitate to initiate contempt proceedings against the officials concerned."
Reflecting on the state's geography, the court observed that Uttarakhand was carved out of Uttar Pradesh on November 9, 2000, considering its hilly terrain and location at the Himalayan foothills. It noted that most of the state's 13 districts are located in hill areas. "The question is what the justification is for making such a classification," the court said in its recent order, adding that while the Act was enacted by the legislature, "something is missing in this Act" regarding transfers based on this classification.
