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2025 DAILYLAW 16956 (UTT)

DEVENDRA SINGH v. THE SATE OF UTTARAKHAND

WPSS/1312/2024 · 2025-12-17

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:11314 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 3 1 2 / 2 0 2 4 Hon’ble Manoj Kumar Tiwari, J. Mr. Jitendra Chaudhary, Advocate for the petitioner. Mr. N.S. Pundir, Deputy Advocate General for the State. 2. Petitioner is serving as Jail Warden in Prison department of the State. He was transferred from Roorkee Jail to Pauri Jail in the year 2018; however, he continued at Roorkee based on some orders of attachment passed in his favour. He continued at Roorkee till 2023 and ultimately on 12.07.2024, an order was passed by Deputy Inspector General (Prison), providing that petitioner would be paid salary only when he submits joining report before the competent authority in Pauri Jail. 3. The order of attachment earlier passed in favour of petitioner was also cancelled by the said order. Thus feeling aggrieved, petitioner has approached this Court. 4. This Court is not inclined to interfere in the matter as petitioner has continued in attachment for more than six years and he has also served at Roorkee on the strength of interim order passed by this Court for more than one year. As government servant, petitioner is 2025:UHC:11314 liable to be transferred as he holds a transferable post. No one can claim that he shall be posted at a place of his own choice. Thus, there is no scope for interference in the matter. 5. The writ petition is disposed of with liberty to petitioner to approach the competent authority by making representation which shall be dealt with as per law, within six weeks. 6. However, pendency of representation cannot be used as an excuse by the petitioner for not joining duties at Pauri and he shall join at Pauri within two weeks from today. (Manoj Kumar Tiwari, J.) 17.12.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43 D2B8F, cn=MAHINDER SINGH Date: 2025.12.18 18:26:13 +05'30'