2025:UHC:7711 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1072/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Navneet Kaushik, learned counsel for the petitioner. 2. Mr. Ganesh Kandpal, learned Deputy Advocate General for the State of Uttarakhand. 3. Petitioner is serving as Senior Auditor in Directorate of Audit. He was transferred from Haridwar to Dehradun vide order dated 10.06.2025. Thus, feeling aggrieved, petitioner has approached this Court. 4. Coordinate Bench of this Court passed interim order on 26.06.2025 in view of contention raised on behalf of petitioner that as a Senior Employee, he is exempted from compulsory transfer. 5. It is not in dispute that petitioner has crossed 55 years of age, thus, he is a Senior Employee, as defined under Section 3(h) of The Uttarakhand Annual Transfer for Public Servants Act, 2017. 6. Learned State Counsel refers to Section 7(d)(i) of the Transfer Act, 2017 for contending that Senior Employees are exempted only from compulsory transfer from accessible area to remote area, therefore, there is nothing wrong in the order of transfer passed in respect of the petitioner. 7. Learned counsel for the petitioner submits that Section 6 of the Transfer 2025:UHC:7711 Act contemplates only three kinds of transfers, namely, (a) Compulsory transfer from accessible area to remote area; (b) Compulsory transfer from remote area to accessible area; & (c) Transfer on the basis of request. 8. Mr. Navneet Kaushik, learned counsel appearing for the petitioner, thus, submits that transfer from Sugam to Sugam is not contemplated under Section 6 of the Act, therefore, petitioner’s transfer is not referable to the Transfer Act, and thus, the order impugned in the writ petition is unsustainable in the eyes of law. 9. This Court does not find any reason to interfere in the matter. Law is well settled that every Government Servant, who holds a transferable post, is liable to be transferred and the employers has inherent right to post him anywhere in public interest. 10. In the present case, the field is now covered by the Transfer Act, 2017; however, Transfer Act, 2017 does not, in any manner, take away the inherent right of State to transfer a transferable employee from one place to another. 11. This Court finds substance in the submission made by State Counsel that Senior Employee cannot be transferred from accessible place to a remote place, which is not the case here. Petitioner has been transferred from one accessible place to another accessible place, as he has served in Haridwar for last more than three decades. Since petitioner’s services were needed at Dehradun and he had served at Haridwar for sufficiently long period of time, ever since he was 2025:UHC:7711 appointed, therefore, I do not find any reason to interfere with the impugned transfer order. 12. The writ petition is, however, disposed of with liberty to petitioner to make representation to Director, Directorate of Audit, Dehradun. If petitioner makes representation within one week from today, decision thereupon shall be taken by Director, within two weeks thereafter. For a period of three weeks or till decision is taken on the representation, whichever is earlier, status quo as regard petitioner’s posting shall be maintained. (Manoj Kumar Tiwari, J) 29.08.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d13 69512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F461 0C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.08.29 05:35:27 -07'00' 2025:UHC:7711