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2025 DAILYLAW 8227 (UTT)

D S BISHT v. STATE OF UTTARAKHAND

WPSB/256/2025 · 2025-07-10

Alok Mahra, G Narendar

body2025

Judgment text

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2025:UHC:5999-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. ALOK MAHRA Writ Petition (S/B) No.256 of 2025 10th July, 2025 Dr. D.S. Bisht --Petitioner Versus State of Uttarakhand and others --Respondents ---------------------------------------------------------------------- Presence:- Mr. D.S. Patni, learned Senior Counsel assisted by Mr. D. Barthwal, learned counsel for the petitioner. Mr. Mr. J.S. Bist, learned Standing Counsel for the State. ---------------------------------------------------------------------- JUDGMENT : (per Mr. Alok Mahra, J.) Heard learned Senior Counsel for the petitioner and learned Standing Counsel for the State. 2. According to the petitioner, he was appointed as Scientist-B in Herbal Research and Development Institute, Gopeshwar in the year 2003 on contractual basis. Thereafter, the services of the petitioner were regularized on the said post on 04.11.2016. 3. Learned Senior Counsel for the petitioner would submit that the institute i.e. Herbal Research and 2025:UHC:5999-DB 2 Development Institute, Gopeshwar is an autonomous body constituted for Herbal Research and Development. 4. The grievance raised by the petitioner in the present writ petition is that the petitioner is being the senior most Scientist in the institute, has been transferred vide impugned order dated 22.05.2025 to the Headquarter Mandal Gopeshwar from his present place of posting i.e. Bhaniawala, Dehradun. Beside, earlier the petitioner was discharging additional duties as District Coordinator for Districts Tehri, Udham Singh Nagar and Dehradun respectively, however, by means of the impugned transfer order, additional duties have been changed and, by the impugned order, he has been made District Coordinator for Districts Rudraprayag, Pauri and Bageshwar and have alleged that additional charge of District Coordinator of District Udham Singh Nagar has been taken away from him and has been given to one Mr. Vineet Purohit, who is Assistant Research Officer, much junior to the petitioner. 5. The learned Standing Counsel for the State informed to the Court that the charge of Director, Herbal Research Development Institute, Gopeshwar has been taken away from respondent no.3 and given to Chief 2025:UHC:5999-DB 3 Development Officer, Chamoli. Beside this Office Order dated 08.07.2025, whereby the petitioner has been made District Coordinate of Districts Pithoragarh, Champawat, Almora, Bageshwar, Udham Singh Nagar and in-charge Herbal Analytical Laboratory located at Headquarters. 6. This Court vide its order dated 02.07.2025, the Secretary, Agriculture and Famers Welfare, Government of Uttarakhand, appeared before this Court on 03.07.2025 through virtual mode and assured the Court that he will reconsider the grievance raised by the petitioner in the writ petition. 7. Today, the Secretary, Agriculture and Farmers Welfare, Government of Uttarakhand was present through V.C. and would submit that posts are sanctioned only for Headquarters and no posts are sanctioned for Districts and all the Scientists and Research Officers are allotted Districts to supervise the research work in the Nurseries situated in the Districts and their posting is only at the Headquarters. 8. After perusal of the Office Memorandum dated 08.07.2025, we are of the view that the grievance of the 2025:UHC:5999-DB 4 petitioner is readdressed and no further orders are required. Accordingly, the instant writ petition stands disposed of. 9. We also desire to record our appreciation for the efforts taken by the Secretary, Agriculture and Farmers Welfare, Government of Uttarakhand to carry out the process in such a short period of time and also the corrective measures. (G. NARENDAR, C. J.) (ALOK MAHRA, J.) Dated: 10.07.2025 BS BALWAN T SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a 17c02fe2eacbf28cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346E B553DE5185F418755DC00A7A13C14A680C3F A90, cn=BALWANT SINGH Date: 2025.07.22 18:38:31 +05'30'