Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5415-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 26TH JUNE, 2025 WRIT PETITION (S/B) NO. 226 OF 2025 Pankaj Kumar Rai
…...Petitioner. Versus State of Uttarakhand & another …….Respondents.
Counsel for the Petitioner : Mr. Sandeep Kothari and Ms. Ananya Jain, learned counsel. Counsel for the State : Mr. S.S. Chaudhary, learned Standing Counsel.
JUDGMENT :(per Mr. G. Narendar, C.J.)
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2.
Learned Standing Counsel, on instructions, submits that the petitioner has completed four years of stay in the station at Dehradun, and hence, he is eligible to be compulsorily transferred under Section 7 of the Uttarakhand Annual Transfer of Public Servants Act, 2017.
3.
Per contra, learned counsel for the petitioner would submit that the petitioner has made a representation seeking for reconsideration and in that view, learned counsel prays that there be a direction to the concerned authorities to consider the petitioner’s representation in a time-bound manner.
4.
It is needless to say that the law is settled that 1
2025:UHC:5415-DB any request or representation of the transfer order can be made only after reporting at the transferred post.
5.
In that view of the matter, we grant liberty to the petitioner to report at the transferred post, and thereafter, make a fresh representation setting out the grounds for reconsideration of petitioner’s transfer. If the petitioner does not report at the transferred post, there shall be no onus on the respondents to consider any representation.
6.
The writ petition is disposed of accordingly.
7.
There shall be no order as to costs.
________________ G. NARENDAR, C.J.
_____________ ALOK MAHRA, J. Dt: 26th June, 2025 NISHANT 2 NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc0 0ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63 A055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2025.07.04 12:27:20 +05'30'