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2025 DAILYLAW 16627 (UTT)

PRADEEP RAWAT v. STATE OF UTTARAKHAND

WPSS/1012/2023 · 2025-09-26

Manoj Kumar Tiwari

body2025

Judgment text

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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 Recall Application (MCC/ 3/ 2025) In W PSS/ 1 0 1 2 / 2 0 2 3 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Pankaj Chaturvedi, Advocate for the petitioner/ applicant. 2. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand. 3. The writ petition was decided on merit, vide order dated 26.9.2025. 4. Today, the matter is listed on a Recall Application filed by the petitioner. The ground taken is that the medical condition of petitioner’s father was not considered while deciding the writ petition. The writ petition filed by petitioner challenging his transfer was decided on the ground that petitioner has served at sugam places for more than 16 years; while, he has served at durgam place only for about 11 months. 5. Transfer order is an incidence of service and it is for the employer to decide, where to post a particular employee/ Government servant. As per provisions of the Transfer Act also, after serving at sugam place for a certain time, one becomes liable for transfer to a durgam place. Admittedly, petitioner has served at sugam places for more than 16 years, therefore, this Court do not find any reason to recall the order dated 26.9.2025. 6. The Recall Application is rejected. However, petitioner shall be at liberty to make representation to respondent no. 4 regarding his transfer and representation if made within one week, decision thereupon shall be taken within four weeks thereafter. ( Man oj Ku m ar Tiw ar i, J.) 02.01.2026 Navin