2025:UHC:5251-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA WRIT PETITION (S/B) No. 233 OF 2025 18th June, 2025 Naveen Kumar Bijalwan …… Petitioner Versus State of Uttarakhand and and Others …… Respondents Presence:- Mr. Niranjan Bhatt, learned counsel for the petitioner. Mr. J.S. Bisht, learned Standing Counsel for the State. --------------------------------------------------------------------- JUDGMENT: (per Hon’ble Justice Sri Alok Mahra) Petitioner, who is serving on the post of Chief Ayurvedic Pharmacist Officer, Ayush Wing Female, District Hospital Uttarkashi, has preferred the present writ petition challenging the order dated 10.06.2025 so far it relates to the petitioner, whereby, he has been transferred to Government Ayurvedic Wing Male, Panchakarma Hospital, Rudrapur, District Udham Singh Nagar. 2. Brief facts narrated by the petitioner in the writ petition are as hereunder:- 1 2025:UHC:5251-DB Petitioner was appointed on the post of Pharmacist and was posted in Government Ayurvedic Hospital, Mauli, District Almora vide order dated 11.12.2009, where, he served till 05.08.2011. Thereafter, petitioner was transferred to Government Ayurvedic Hospital, Gatu, District Uttarkashi, where he served from 09.08.2011 to 07.07.2022. Petitioner was promoted on the post of Chief Pharmacist Officer in the year 2022 and was posted at Government Ayurvedic Hospital, Ayush Wing Female, District Uttarkashi. 3. We have heard learned counsel for the parties and perused the record. 4. It is admitted fact that in his total service career, petitioner has rendered more than fifteen years of his service in inaccessible areas (durgam areas). 5. Since, petitioner fall under the zone of compulsory transfer under Section 17(1) of the Annual Transfers Act, 2017, as such, he was transferred to Government Ayurvedic Wing Male, Panchakarma Hospital, Rudrapur, District Udham Singh Nagar, which is accessible place of posting. 6. It goes without saying that transfer is exigency of service and it is upon the employer to post persons as per 2 2025:UHC:5251-DB the requirement of the department and employee could not dictate term to his employer to post him in a particular place or post of his choice. No government servant holding transferable post can insist that he may be posted at a place of his choice forever. 7. Judicial interference with transfer of government employees has to be minimal. It is settled position in law that a transfer order can be interfered with only when the same is passed in violation of statutory rules or such transfer is infected with malice. No such ground is taken in the present writ petition. Since, the transfer order has been passed as per the provisions of the Act, we find no infirmity in the impugned transfer order. Thus, there is no scope for interference in the matter. 8. Accordingly, the writ petition fails and is hereby dismissed. ________________ G. NARENDAR, C.J. ____________ ALOK MAHRA, J. Dt: 18th June, 2025 Ujjwal 3 2025:UHC:5251-DB 4