GIRISH CHANDRA VASHISTH v. MANAGING DIRECTOR GARHWAL MADAL VIKAS NIGAM LTD
WPSS/1685/2023 · 2025-11-14
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15587 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15587 (UTT) · dailylaw.ai ]
Judgment text
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2025:UHC:10081 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS
W PSS 1 6 8 5 / 2 0 2 3
Hon ’ble Man oj Ku m ar Tiw ar i, J.
Mr. Anil K. Bisht, Advocate, for the petitioner.
Mr. Sandeep Kothari, Advocate, for the GMVN.
(2) Petitioner is serving as Group ‘C’ employee in Garhwal Mandal Vikas Nigam. While he was posted as Incharge, Tourist Rest House, Rudraprayag, an order was passed on 6.9.2023 by Managing Director, whereby he was transferred to the O/ o Regional Manager, GMVN, Uttarkashi. Feeling aggrieved by the transfer order dated 6.9.2023, petitioner approached this Court. Coordinate Bench passed an interim
order in favour of the petitioner, pursuant to which he is still serving at Rudraprayag.
(3)
Learned Counsel for the petitioner submits that petitioner was transferred by the then Managing Director for extraneous reasons, in colourable exercise of powers. He submits that directions given by Full Bench of this Court in the case of Damyanti Bisht v. State of Uttarakhand & Others were not followed while transferring the petitioner on administrative grounds. Various other contentions have been raised by the petitioner.
(4) Since transfer is an incidence of service and the service conditions of petitioner are not going to be altered by his transfer and he has already served for more than two years at Rudraprayag on the strength of interim order passed in his favour by the coordinate Bench, therefore,
2025:UHC:10081 no useful purpose would be served by keeping the writ petition pending.
(5) Writ petition is, accordingly,
disposed of with liberty to the petitioner to approach the Managing Director regarding his transfer to a place of his choice. If he makes such representation within two weeks from today, Managing Director shall take decision on his request and pass necessary order, as per law, within six weeks thereafter. For a period of eight weeks or till decision is taken by the Managing Director, whichever is earlier, status quo as regards petitioner’s posting shall be maintained.
( Man oj Ku m ar Tiw ar i, J.)
1 4 .1 1 .2 0 2 5 Pr
PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.11.14 17:45:09 +05'30'
2025:UHC:10081