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2025 DAILYLAW 7950 (UTT)

NEERAJ MARGRATE SAXENA v. STATE OF UTTARAKHAND

WPSS/1010/2025 · 2025-06-25

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.1010 of 2025 (S/S) Neeraj Margrate Saxena ….......Petitioner Vs. State of Uttarakhand and another ….…....... Respondents Present : Mr. Dushyant Mainali, Advocate for the petitioner. Mr. Narain Dutt, Standing Counsel for the State/respondent nos.1 and 2. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) The challenge in this petition is made to Transfer Order dated 10.06.2025, by which, the petitioner has been transferred from Base Hospital Haldwani, District Nainital to the District Hospital, Pithoragarh, District Pithoragarh. The petitioner is Senior Nursing Officer. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the petitioner would submit that there were various other Senior Nursing Officers, who have served more at Haldwani, but they were not transferred. It is submitted that the details of those Senior Nursing Officers is given in para no.7 of the writ petition. 4. On 18.06.2025, this Court has requested learned State Counsel to get instructions on it. 5. Today, learned State Counsel, under instructions, would submit that three Senior Nursing Officers, who had served more in accessible area than the petitioner have not been transferred 2 because they are senior employees; one another Senior Nursing Officer was exempted for transfer on medical ground; two other Senior Nursing Officers, it is stated that they have been transferred at different places. Learned State Counsel has placed the written instructions for perusal of the Court. It is taken on record. 6. The transfer order has been challenged by the petitioner on the ground that some Senior Nursing Officers, who had served more than the petitioner in accessible area, have not been transferred. But now, as per instructions, there is no person, who has served for a longer tenure at the accessible area than the petitioner and has not been transferred. Therefore, nothing survives in this petition. Accordingly, the petition deserves to be dismissed at the stage of admission itself. 7. The petition is dismissed in limine. (Ravindra Maithani, J.) 25.06.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd 504686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255D D8EC450A84B515A087CAEFD1B3179A7DEAE 40699, cn=SANJAY KANOJIA Date: 2025.06.26 18:15:03 +05'30'