Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8295 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS/851/2023 Hon’ble Manoj Kumar Tiwari, J.
Mr. Faizan Ahmed, Advocate, holding brief of Mr. Harendra Belwal, Advocate for the petitioner.
2. Mr. Narain Dutt, Standing Counsel for the State of Uttarakhand/ respondents.
3. Petitioner is serving as Assistant Teacher, L.T. Grade in Government Ashram Paddhati School. He was transferred from Laldhang, Haridwar to Beluwakot, Pithoragarh vide order dated
05.06.2023. Feeling aggrieved by his transfer, he has approached this Court.
4. Coordinate Bench passed an interim
order on 19.06.2023 staying the effect of the transfer order.
5. Transfer is an incidence of service and every Government servant, who holds a transferable post, is liable to be transferred. Petitioner was transferred from Haridwar to Pithoragarh because of less number of students at Haridwar; while number of students at Beluwakot in District Pithoragarh is 103.
6. Law is well settled that interference with transfer order can be made only when the transfer order is infected with malice or there is violation of the statutory provisions while making transfers. Since this is not the case here, therefore, this Court do not find any reason to interfere with the impugned transfer order. Moreover, the petitioner
2025:UHC:8295 has continued at Haridwar for more than two years on the strength of the interim
order.
7. In such view of the matter, the writ petition fails and is dismissed. It shall be open to the competent authority to relieve the petitioner from Haridwar for joining at Pithoragarh or to pass fresh
order of transfer in respect of the petitioner.
(Manoj Kumar Tiwari, J.)
17.09.2025
Navin
NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006 da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA87564 3AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.09.17 17:26:30 +05'30'