2025:UHC:10928 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1278/2024 Hon’ble Manoj Kumar Tiwari, J. Mr. Kurban Ali, Advocate for the petitioner. 2. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand/respondent nos. 1 to 3. 3. Mr. Pankaj Tiwari, Advocate for respondent no. 4, through video conferencing. 4. Petitioner is serving as Ziledar in Irrigation Department. He was transferred from Haldwani (Nainital) to Lohaghat (Champawat), vide order dated 12.7.2024. Feeling aggrieved by his transfer, petitioner filed this writ petition. 5. Coordinate Bench passed interim order in favour of petitioner on 19.7.2024, pursuant to which, petitioner is still continuing at Haldwani. 6. Learned counsel for the petitioner submits that petitioner was earlier posted in Irrigation Division, Bageshwar and he was transferred on mutual request only on 02.01.2023 and he was transferred within less than one and half years of his transfer to another place in District Champawat. He further submits that petitioner has put in ten years and six months service in durgam places, therefore, he has earned a right to be transferred to a sugam place. It is further contended that as per the transfer order, petitioner is transferred in public interest and there is no reason or justification for transferring him within less than one and half years of his transfer to 2025:UHC:10928 Haldwani that too in public interest. 7. Learned State Counsel, per contra, submits that petitioner served in durgam places only for eight years and five months and rest of his service is in sugam places, therefore, as per provisions of Transfer Act, he had become due for transfer to a durgam place and accordingly he was transferred to Lohaghat from Haldwani. 8. Learned State Counsel, however, concedes that option was not invited before transferring the petitioner. 9. Be that as it may, since transfer is an incidence of service and petitioner holds a transferable post, therefore, this Court is not inclined to interfere in the matter, at this stage. 10. The writ petition is, however, disposed of with liberty to the petitioner to make representation regarding his transfer to the respondent no. 2. If he makes such representation within two weeks from today, decision thereupon shall be taken by the competent authority, within six weeks thereafter. For a period of eight weeks or till decision is taken, whichever is earlier, status quo qua petitioner’s posting shall be maintained. However, if petitioner fails to make representation within stipulated time, then he shall not be entitled to protection of this order. (Manoj Kumar Tiwari, J.) 09.12.2025 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=3be23325146e76a0642bdf4943fb9046f487df006da82 a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF 56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.12.10 10:10:03 +05'30'