Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3220-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSB No. 123 of 2025 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J.
(Per: Hon’ble Manoj Kumar Tiwari, J.)
1. Mr. Niranjan Bhatt, learned counsel for the petitioner.
2. Mr. J.S. Bisht, learned Standing Counsel for the State of Uttarakhand.
3. Petitioner was serving as Senior Administrative Officer in Education Department in Kharadi, District Uttarkashi. He was promoted as Chief Administrative Officer and was transferred to the Office of Deputy Education Officer, Bhaisiyachhana, Almora, vide order dated 06.03.2025.
4. Petitioner did not join duty at Bhaisiyachhana, where he was transferred on promotion and made a representation to Director (Elementary) seeking transfer to the Office of Block Education Officer, Bhatwari, Uttarkashi.
5. State Government
directed the Director (Elementary), vide order dated 27.03.2025, to modify the order of transfer passed in favour of petitioner and to post him in the Office of Block Education Officer, Bhatwari, Uttarkashi, in anticipation of vacancy. The said order was subsequently cancelled by the State Government vide
order dated 17.04.2025, which is under challenge in this writ petition.
6. This Court is not inclined to
2025:UHC:3220-DB interfere with the cancellation order. As per policy, every person, who is promoted, is required to be transferred to a Durgam place. In term of the applicable policy, petitioner was transferred to Bhaisiyachhana upon his promotion as Chief Administrative Officer.
7. Petitioner had made a representation to Director (Elementary) and it is surprising that the State Government directs the Director (Elementary) to post the petitioner at Bhatwari, Uttarkashi in anticipation of vacancy. Such kind of direction by the State Government is unheard of especially in respect of an employee, where State is not the Appointing Authority.
8. For the aforesaid discussion, this Court do not find any reason to interfere with the impugned order.
9. Accordingly, the writ petition fails and is dismissed.
(Ashish Naithani, J.) (Manoj Kumar Tiwari, J.)
29.04.2025
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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.04.30 10:20:48 -07'00'
2025:UHC:3220-DB