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2025 DAILYLAW 17466 (UTT)

SANDEEP KUMAR v. STATE OF UTTARAKHAND

WPSS/1007/2024 · 2025-12-10

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10982 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 0 0 7 / 2 0 2 4 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. R. Joshi, Advocate holding brief of Mr. Niranjan Bhatt, learned counsel for the petitioner. 2. Mr. D.K. Bankoti, learned Brief Holder for the State of Uttarakhand. 3. Petitioner is serving as Ayurvedic Pharmacist. He was transferred from Mahuwadabra, Udham Singh Nagar to Government Ayurvedic Hospital Chahaj, Pithoragarh, vide order dated 08.06.2024. Feeling aggrieved by his transfer, petitioner filed this writ petition. 4. Coordinate Bench passed interim order on 19.06.2024, pursuant to which, petitioner is still serving at Mahuwadabra. 5. Petitioner contends that he has served at Durgam places for more than seven years, therefore, he could not have been transferred to another Durgam place, i.e. Pithoragarh. 6. Learned State Counsel, however, submits that petitioner transfer is strictly as per provisions of Transfer Act, 2017, as he has put in more than six years at Sugam place. 7. This Court is not inclined to go into the nitty gritties of the matter, as transfer is an incidence of service and it is for the employer to decide, where to post a particular Government Servant. 2025:UHC:10982 8. The writ petition is, accordingly, disposed of with liberty to approach the Competent Authority regarding his transfer. If he makes representation to the Competent Authority within two weeks from today, decision thereupon shall be taken within six weeks thereafter. For a period of eight weeks or till decision is taken, whichever is earlier, status quo qua petitioner’s posting shall be maintained. However, if petitioner fails to make representation within stipulated time, then he shall not be entitled to any protection of this order. ( Man oj Ku m ar Tiw ar i, J) 10.12.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08 b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF 4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.10 03:17:29 -08'00'