Ramesh Ranganathan, C.J. - Heard Mr. Suresh Chandra Bhatt, learned Advocate holding brief of Mr. Prabhakar Narayan, learned Advocate for the petitioner and Mr. B.S. Parihar, learned Standing Counsel for the State Government, and, with their consent, the writ petition is disposed of at the stage of admission.

2. The petitioner has invoked the jurisdiction of this Court seeking a writ of certiorari to quash the transfer order dated 25.10.2019 passed by the first respondent; and for a writ of mandamus directing the respondents not to relieve the petitioner from the present posting as District Education Officer (Secondary), District Udham Singh Nagar.

3. Facts, to the limited extent necessary, are that the petitioner was initially appointed as a Lecturer in Geography and worked as such from 19.11.1990 to 25.03.1999 in Pratap Nagar Block of Tehri Garhwal District. He was promoted as a Principal on 26.03.1999, and was posted in Betalghat Block of Nainital District, where he worked till 06.07.2004. He was transferred as a Principal to Jaspur in Udham Singh Nagar District on 07.07.2004, where he worked till 03.08.2009. He was, thereafter, posted as District Education Officer (Secondary) in Pauri District on 04.08.2009 where he worked till 09.08.2010. He was transferred as District Education Officer (Elementary) to Rudrapur in Udham Singh Nagar District, where he worked from 10.08.2010 till 06.08.2012. He was transferred from Udham Singh Nagar to Chamoli District as a District Education Officer (Secondary) on 07.08.2012 where he worked till 15.08.2014. He was thereafter posted as Chief Education Officer in Hawalbagh Block of Almora District on 16.08.2014, where he worked till 31.07.2016. He was posted as Additional Secretary (Education), Ramnagar, District Nainital on 01.08.2015, and he work thereat till 13.09.2016. He was again posted as Chief Education Officer in Hawalbagh Block of Almora District on 01.10.2016 and he worked in the said post till 20.08.2017.

4. The petitioner was attached to the post of Deputy Director (Secondary) in Raipur Block of Dehradun District on 29.11.2017, and he worked thereat till 07.01.2019. He was, thereafter, transferred as a District Education Officer (Secondary) in Rudrapur Block of Udham Singh Nagar District, where he worked from 08.01.2019 till the impugned order of transfer was passed transferring him to Chamoli District. The petitioners complaint is that he was working in Durgam areas from 1990 till 16.08.2014, and was transferred to Rudrapur in Udham Singh Nagar District, just ten months ago; and the impugned order of transfer, whereby he is now sought to be shifted to Chamoli District, is arbitrary and illegal.

5. The order of transfer dated 03.01.2019 records that the petitioner was waitlisted, and was posted as the District Education Officer (Secondary), Rudrapur in Udham Singh Nagar, District. The petitioner was well aware, even on 03.01.2019, that he was waitlisted for transfer. The petitioner plea that he worked in durgam areas ever since 19.11.1990 till 15.08.2014 does not merit acceptance for the reason that he worked in Jaspur in Udham Singh Nagar District from 07.07.2004 till 04.03.2009, and Jaspur which is in plains is not a durgam area.

6. Be that as it may, the petitioner, on his own admission, has been working in sugam areas from 16.08.2014 i.e. for the past more than five years. Section 7(a) of the Uttarakhand Annual Transfer for Public Servants Act, 2017 (hereinafter referred as the 2017 Act) stipulates that employees, posted for 04 years or more at the present place of posting in accessible areas, shall be compulsorily transferred subject to the number of vacancies available and anticipated under Section 10 in remote areas. While it is true that the petitioner is not liable for compulsory transfer under Section 10 of the 2017 Act, the fact remains that he has worked in sugam areas, of the State of Uttarakhand, for the past more than five years and has now been transferred to a durgam area. Transfers made in exigencies of administration are not, ordinarily, interdicted in proceedings under Article 226 of the Constitution of India. The petitioner, having worked for a substantial part of his carrier in the sugam areas of the State, can hardly complain of his present posting to a durgam area of the State.

7. Mr. Suresh Chandra Bhatt, learned counsel for the petitioner, would then draw our attention to Section 7(d)(1) of the 2017 Act, in terms of which, senior employees are exempted from compulsory transfer from accessible areas to remote areas, Section 3(h) define "Senior employee" to mean an employee of the age of 55 years and above when the age of retirement is 60 years. The petitioner claims to have completed 55 years of age on 06.02.2019. Suffice it, in such circumstances, to permit the petitioner to make a representation to the respondents seeking exemption in terms of Section 3(h) read with Section 7(d) (1) of the 2017 Act. In case any such representation is made within two weeks from today, the respondents shall consider the said representation and pass appropriate orders within one month from the date of receipt of such representation, and communicate its decision to the petitioner. It is made clear that, the petitioner shall join at the place of posting in Chamoli District of the State of Uttarakhand pending consideration of his representation to be retained in the sugam areas of the State of Uttarakhand.

8. The Writ Petition is, accordingly, disposed of. No costs.