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2025 DAILYLAW 11457 (UTT)

GURUDAYAL SINGH v. STATE OF UTTARAKHAND

WPSS/1547/2025 · 2025-10-10

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9010 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1547/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Alok Kumar, Advocate for the petitioner. Mr. N.S. Pundir, Deputy Advocate General for the State. 2. Petitioner is serving as Junior Engineer in Nagar Nigam, Roorkee, District Haridwar. He was transferred to Nagar Palika Parishad, Devprayag vide order dated 12.09.2025. Feeling aggrieved by his transfer, petitioner filed this writ petition. 3. Sole ground taken by petitioner is that he suffers from locomotor disability and his disability is to the extent of 58%; Devprayag is a hilly town and due to his disability, it will be very difficult, nay impossible for the petitioner to discharge his duties as Junior Engineer there. 4. Learned State Counsel submits that since petitioner remained posted at Roorkee continuously since 2017 and he has completed more than eight years at Roorkee, therefore, as per Transfer Act, he was liable to be transferred and accordingly, he was transferred at Devprayag, which is at a distance of less than 80 k.m. from Roorkee. 5. He further submits that a charge sheet has 2025:UHC:9010 also been issued against the petitioner in view of certain irregularities committed by him. 6. Learned State Counsel, however, assures the Court that if permitted, the Directorate of Urban Development may transfer the petitioner to some other urban local body in District Udham Singh Nagar. This statement was made by learned State Counsel based on written instructions received by him from Additional Director on 08.10.2025. 7. In such view of the matter, the writ petition is disposed of with liberty to the competent authority to pass fresh order of transfer in respect of petitioner. 8. Till fresh order is passed in the matter, petitioner shall be permitted to continue at Roorkee. (Manoj Kumar Tiwari, J.) 10.10.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D 2B8F, cn=MAHINDER SINGH Date: 2025.10.10 16:05:20 +05'30'