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2025 DAILYLAW 16229 (UTT)

ZULFIQAR HUSSAIN v. STATE OF UTTARAKHAND

WPSS/1931/2023 · 2025-11-17

Manoj Kumar Tiwari

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 1 9 3 1 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Ishwari Dutt Paliwal, Advocate for the petitioner. 2. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand. 3. Petitioner is serving as Assistant Development Officer (Panchayat) in Panchayati Raj Vibhag. He was attached in Directorate, Panchayati Raj till further orders, vide order dated 30.05.2023, passed by respondent no. 2. His attachment was subsequently cancelled, vide order dated 15.09.2023, passed by the Director. Thus, feeling aggrieved, petitioner filed this writ petition. 4. An interim order was passed in favour of the petitioner on 13.10.2023, on the strength of which, petitioner is still serving at the Directorate. 5. Perusal of the impugned order dated 15.09.2023 reveals that officers/ employees serving in Panchayati Raj Vibhag, posted in field areas were attached in the Directorate/ plain districts, which was adversely affecting functioning in the department, therefore, a decision was taken at the highest level to cancel the orders of attachment, on the strength of which, employees serving in the fields were attached in the headquarters. 6. Since no Government servant has a vested right to remain attached at a place of his choice forever and his attachment was cancelled in public interest, therefore, this Court do not find any reason to interfere in the matter. 7. The writ petition, however, is disposed of with liberty to petitioner to make representation to the competent authority. If he makes representation, within three days from today, decision thereupon shall be taken within ten days thereafter. For a period of two weeks or till decision is taken, whichever is earlier, status quo as regards petitioner’s posting shall be maintained. 8. Let a certified copy of this order be issued today itself. ( Man oj Ku m ar Tiw ar i, J.) 17.11.2025 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=18167EEFB5CA8CFFD421A103819 DA875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.17 18:52:14 +05'30'