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2025 DAILYLAW 7906 (UTT)

KHUSHAL SINGH RAWAT v. STATE OF UTTARAKHAND

WPSS/1008/2025 · 2025-06-30

Ravindra Maithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPSS No.1008 of 2025 Hon’ble Ravindra Maithani, J. Mr. Narendra Bali, Advocate for the petitioner. Mr. Rajiv Singh Bisht, Addl. C.S.C. for the State. Heard learned counsel for the parties and perused the record. The challenge in this petition is made to the transfer order dated 10.06.2025, by which petitioner has been transferred from Haridwar to Laksar. Learned counsel for the petitioner would submit that petitioner was transferred to Bhagwanpur in the year 2013, but in the year 2024, based on mutual consent, he was again transferred to Haridwar and within a year, he has been transferred to Laksar. Learned State Counsel would submit that out of total 8 years 11 months service, petitioner has worked in Haridwar for 8 years and 5 months. Only for a brief period of six months, he was posted at Bhagwanpur, therefore, he has been transferred. The Court wanted to know as to how the transfer order may be termed as in violation to any provision of the Uttarakhand Annual Transfer for Public Servants Act, 2017 (“the Act”)? He would submit that there is no violation of the Act, as such, but according to him, within a year, petitioner has been transferred. Transfer is an exigency of service. It is not illegal if there has been no violation of any provision of the Act. Any mala fide is also not attributed to the action of the respondents for transferring the petitioner. Admittedly, out of 8 years and 11 months service, the petitioner has worked for 8 years and 5 months in Haridwar. Therefore, under the facts and circumstances of the present case, no interference of this Court is required and the petition deserves to be dismissed. The writ petition is dismissed. When these lines were dictated, learned counsel for the petitioner would submit that the petitioner may be given liberty to make a representation to the authorities for posting him at any place that may be requested by him. The petitioner is always free to make such representation as is permissible under law, rules and regulations. (Ravindra Maithani J.) 30.06.2025 Ravi