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2025 DAILYLAW 14745 (UTT)

AMAN GUPTA v. STATE OF UTTARAKHAND

WPSS/107/2024 · 2025-11-25

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10492 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/60/2024 With WPSS/107/2024 Hon’ble Manoj Kumar Tiwari, J. Mr. Navnish Negi, Advocate for the petitioner. Mr. N.S. Pundir, Deputy Advocate General for the State. 2. Petitioners are serving as Junior Clerk in the office of Chief Development Officer, Dehradun. They were transferred to District Pithoragarh and District Tehri Garhwal respectively by separate orders passed on 05.01.2024 and 09.01.2024. Thus feeling aggrieved by their transfer, petitioners have approached this Court. 3. It is contended that order of transfer has been passed for extraneous reasons in colourable exercise of power. It is alleged that on 05.01.2024, an FIR was lodged against husband of Shweta Negi (petitioner in WPSS No. 60/2024), which indicates that she has been transferred in order to teach her a lesson. 4. It is further contended that the reason for transfer is indicated as impending Lok Sabha elections, which are over long back. It is further contended that petitioners are members of District Level Cadre, therefore, they cannot be 2025:UHC:10492 transferred outside the District. It is further contended that both petitioners are not serving in their home Districts, therefore, Government Order dated 03.01.2024 do not have any application in the matter. 5. Per contra, learned State Counsel submits that petitioners are members of State Level Cadre and for making this contention, he relies upon a Government Order dated 31.12.2013. He submits that transfer order has been passed by Commissioner, Rural Development, who is competent to pass such order. 6. Without going into the merit of the case, this Court thinks that ends of justice would be met if petitioners are permitted to approach the competent authority regarding their transfer. 7. Accordingly, writ petitions are disposed of with liberty to petitioners to make representation against their transfer. If they make such representation to the Commissioner, Rural Development within two weeks from today, decision thereupon shall be taken by the Commissioner within six weeks thereafter. 8. For a period of eight weeks or till decision is taken, whichever is earlier, status quo, qua petitioners’ posting shall be maintained. (Manoj Kumar Tiwari, J.) 25.11.2025 Mahinder/ 2025:UHC:10492