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2025 DAILYLAW 4278 (UTT)

KAILASH SINGH DHAILA v. STATE OF UTTARAKHAND

WPSS/411/2023 · 2025-09-16

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:8250 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/411/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Rajeev Bhatt, Advocate for the petitioner. Mr. Narain Dutt, Standing Counsel for the State. 2. Petitioner is serving as Junior Assistant in State Public Works Department. He was transferred from Provincial Division, Public Works Department, Nainital, District Nainital to some other Division in Gopeshwar, District Chamoli on administrative ground vide order dated 22.10.2022. 3. Petitioner made representation. His representation was rejected by the Engineer-in- Chief vide order dated 21.01.2023. Thus, feeling aggrieved by the transfer order and also the order whereby his representation was rejected, petitioner has approached this Court. 4. This Court do not find any reason to interfere with petitioner’s transfer from Nainital to Gopeswar; however, the stipulation in the transfer order that it is made on administrative ground appears to be uncalled for. Similarly, the reasons assigned for rejecting petitioner’s representation in the order dated 21.01.2023 also are unsustainable. 2025:UHC:8250 5. Accordingly, the rejection order dated 21.01.2023 and also the ground of transfer, indicated as administrative ground in the transfer order dated 20.10.2022, are set aside. However, it is made clear that no interference has been made with petitioner’s transfer from Nainital to Gopeshwar. 6. With the aforesaid direction, the writ petition is disposed of. 7. Pending application(s), if any, also stand disposed of. (Manoj Kumar Tiwari, J.) 16.09.2025 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=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f 031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC46 26D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.16 18:25:29 +05'30'