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2025 DAILYLAW 14469 (UTT)

MANOJ VYAS v. STATE OF UTTARAKHAND

WPSS/971/2024 · 2025-12-02

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10730 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/971/2024 With WPSS/973/2024 Hon’ble Manoj Kumar Tiwari, J. Mr. Niranjan Bhatt, Advocate for petitioner. Mr. Narayan Dutt, Standing Counsel for the State. 2. Since common questions of law and fact are involved in these petitions, therefore they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition No. 971 of 2024 (SS) alone are being discussed and considered. 3. Petitioner is serving as Ayurvedic Pharmacist in department of Ayurved and Unani Services. He was transferred from Government Ayurvedic Hospital, Rajgarhi, District Uttarkashi to Government Hospital, Bidora, District Udham Singh Nagar, vide order dated 08.06.2024. Petitioner has challenged said transfer order in this writ petition. 4. It is not in dispute that the place where petitioner was transferred is categorized as sugam. Petitioner however contends that he had indicated ten places of his choice in his option, but he was not transferred to any of those places and he was transferred to some other place, 2025:UHC:10730 which was not to the liking of petitioner and it is as good as ati durgam place for him. 5. Coordinate bench of this Court had passed interim order in favour of petitioner on 13.06.2024, pursuant to which petitioner is still serving at Rajgarhi, District Uttarkashi. 6. No useful purpose would be served by keeping the writ petition pending. Since petitioner has served for more than 14 years at durgam places, therefore, he has earned a right to be transferred to a sugam place. 7. The writ petitions are, accordingly disposed of with liberty to petitioner to make representation for his transfer to a sugam place of his choice. 8. If petitioner makes such representation within three weeks from today, competent authority shall take decision thereupon within three months thereafter. 9. Till decision is taken on petitioner’s representation, status quo, as regards his posting shall be maintained. (Manoj Kumar Tiwari, J.) 02.12.2025 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=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.12.08 17:36:24 +05'30' 2025:UHC:10730