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2025 DAILYLAW 8483 (UTT)

DEEPAK PANT v. STATE OF UTTARAKHAND

WPSS/935/2023 · 2025-09-24

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:8595 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/935/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. D.K. Joshi, Advocate for the petitioner. 2. Mr. Narain Dutt, Standing Counsel for the State of Uttarakhand. 3. Petitioner is serving as Additional Statistical Officer in Agriculture Department. He was attached in the office of District Magistrate, Almora, vide order dated 19.09.2022, passed by Directorate of Agriculture, against a vacancy caused by Smt. Dipti Joshi, Additional Statistical Officer, Grade-1, proceeding on leave. Deputy Director, Agriculture thereafter passed an order on 16.06.2023, whereby petitioner was asked to resume duties at the original place of his posting i.e. Agriculture Directorate. Thus, feeling aggrieved, petitioner filed this writ petition in 2023. 4. A coordinate Bench granted interim order in favour of petitioner on 23.06.2023. 5. Learned counsel for petitioner submits that petitioner’s wife is posted in District Pithoragarh as Revenue Inspector, therefore, as per spouse policy, petitioner is entitled to be posted either at Pithoragarh or some nearby district. He further submits that petitioner was attached at Almora in public interest, therefore, the manner in which his attachment was abruptly cancelled is unjust. He further submits that work and post is available in Districts Bageshwar and Champawat, therefore, petitioner can be transferred in either of these two districts. 6. Learned State Counsel submits that no Government servant has a right to remain attached at a particular place. He further 2025:UHC:8595 submits that attachment was made in public interest and also in view of the request made by petitioner, who wanted to be posted in a District near Pithoaragarh. He submits that if petitioner wants himself to be transferred to Bageshwar or Champawat, then he can make representation to the Competent Authority. 7. Learned State Counsel further submits that petitioner was posted with his spouse for more than nine years, and he cannot remain posted with his spouse forever. 8. In reply, learned counsel for the petitioner refers to Section 17(4) of the Transfer Act, for contending that request for transfer under spouse policy has to be considered by the Competent Authority. 9. This Court finds some substance in the submissions made by learned State Counsel. 10. Attachment of a Government Servant is a stop-gap arrangement made in public interest, and there is no vested right available to a State employee to remain on attachment for long periods. 11. The writ petition is, accordingly, disposed of with liberty to petitioner to make representation to Director, Agriculture regarding his transfer. If he makes such representation, within ten days from today, decision thereupon shall be taken by the Director, within four weeks thereafter. 12. For a period of six weeks or till decision is taken on petitioner’s representation, whichever is earlier, status quo shall be maintained qua petitioner’s posting. [[[ (Manoj Kumar Tiwari, J.) 24.09.2025 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=3be23325146e76a0642bdf4943fb9046f487df006da82a 131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56 D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.09.25 10:26:05 +05'30'