2025:UHC:10031 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1879/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Vinay Kumar, Advocate for the petitioner. 2. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State of Uttarakhand. 3. Petitioner is serving as Lab Technician in Primary Health Centre, Motahaldu, District Nainital. He was transferred to Sub District Hospital, Someshwar (Almora), vide order dated 10.06.2025. Feeling aggrieved by his transfer, petitioner has filed this writ petition. 4. It is contended that petitioner is a single parent; his wife died during COVID-19 Pandemic; his son is studying in 12th standard, who would be appearing in Board Examination in March, 2026; his father is suffering from cancer, who is undergoing treatment; having regard to the family circumstances, he deserves protection against transfer. 5. Learned State Counsel, per contra, submits that even though petitioner was transferred on 10.06.2025, however, he did not report for duties at the transferred place; petitioner continuously remained absent after 10.06.2025 and he came back on 11.11.2025 and accepted the relieving order. Learned State Counsel, thus, submits that the act of the petitioner amounts to insubordination, for which he may be 2025:UHC:10031 punished, also. 6. Learned counsel for the petitioner, however, submits that petitioner had made a representation to the Director General, Medical Health on 17.06.2025 and the Director General, Health had recommended petitioner’s case to the Secretary on 30.06.2025 to keep his transfer in abeyance. Learned counsel for the petitioner confines his prayer and submits that the secretary concerned be directed to look into the matter and take decision as per law. 7. Having regard to the facts, as mentioned above, the writ petition is disposed of with liberty to petitioner to make representation to the Secretary, Medical Health, within three days from today. It shall be open to the petitioner to submit such representation online. If petitioner makes representation within the stipulated time, Secretary concerned shall take appropriate decision, as per law, within two weeks thereafter. For a period of three weeks, no coercive action shall be taken against the petitioner. (Manoj Kumar Tiwari, J.) 13.11.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f 487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A10381 9DA875643AF56D653D095C6ED9A86DAAB21CE 5, cn=NAVEEN CHANDRA Date: 2025.11.14 09:47:37 +05'30'