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2025 DAILYLAW 16355 (UTT)

BRIJMOHAN ARYA v. STATE OF UTTARAKHAND

WPSS/1774/2023 · 2025-11-14

Manoj Kumar Tiwari

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Judgment text

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2025:UHC:10083 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 7 7 4 / 2 0 2 3 Hon ’ble Man oj Ku m ar Tiw ar i, J. None for the petitioner. Mr. Ganesh Datt Kandpal, Deputy AG, for the State. (2) Petitioner, who was appointed as Revenue Inspector, was given ad hoc promotion as Nayab Tehsildar in District Haridwar. Subsequently, he was transferred from Haridwar to Almora as Nayab Tehsildar by an order passed by Chairm an, Board of Revenue on 16.9.2023. Challenging his transfer to Alm ora, petitioner filed this writ petition. Coordinate Bench passed an interim order in favour of petitioner on 20.9.2023, pursuant to which he is still serving at Haridwar. (3) Learned State Counsel submits that transfer was made strictly as per the provisions of Transfer Act. He further submits that Almora is also a Sugam place, therefore petitioner cannot have any complaint against his transfer to Almora. (4) Since transfer is an incidence of service and petitioner has already served for more than two years at Haridwar on the strength of interim order passed in his favour by the coordinate Bench, therefore, 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 make a representation regarding his transfer to the competent authority. If he makes such representation within two weeks from today, decision thereupon shall 2025:UHC:10083 be taken, as per law, within six weeks thereafter. For a period of eight weeks or till decision is taken, 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 17:45:54 +05'30' 2025:UHC:10083