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2025 DAILYLAW 8423 (UTT)

KRANTI KUMAR BHARDWAJ v. STATE OF UTTARAKHAND

WPSS/1088/2025 · 2025-06-30

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.1088 of 2025 (S/S) Kranti Kumar Bhardwaj ….......Petitioner Vs. State of Utarakhand and others ……....... Respondents Present : Mr. Karan Singh Dugtal, Advocate for the petitioner. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State/respondent nos.1 to 3. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) The challenge in this petition is made to the Transfer Order dated 10.06.2025, by which, the petitioner has been transferred from Community Health Centre, Hawalbagh, District Almora to Sub-District Hospital, Kashipur, District Udham Singh Nagar. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the petitioner would submit that the petitioner has been working at Community Health Centre, Hawalbagh, District Almora for the last 25 years, which is a remote area; he had not opted for transfer; his parents are old and ailing; it may be little difficult to him to look after his parents from Kashipur. Therefore, indulgence of the Court is required. 4. The Court wanted to know from the learned counsel for the petitioner, as to which provision of the Uttarakhand Annual Transfer for Public Servants Act, 2017 (“the Act”) has been violated by the impugned order? 2 5. Learned counsel for the petitioner would submit that provision of the Act has not been violated in the transfer order of the petitioner. He simply seeks indulgence of this Court that his parents are aged and ailing. 6. Learned State Counsel would submit that the impugned transfer order has been passed, in accordance to the provisions of the Act. 7. It is the case of the petitioner that he was appointed at Community Health Centre, Hawalbagh, District Almora. He has been posted at that place for the last 25 years. He still seeks indulgence of the Court, so as to invalidate the transfer order, which has been passed, in accordance to the provisions of the Act. Therefore, there is no reason to make any interference in the writ petition. Accordingly, the petition deserves to be dismissed at the stage of admission itself. 8. The petition is dismissed in limine. (Ravindra Maithani, J.) 30.06.2025 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=e50e50b49596520698eff87e0a08bbd504686df4 d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC450A 84B515A087CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.07.01 18:08:46 +05'30'