Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA
WRIT PETITION (S/B) No. 263 OF 2025
02nd July, 2025
Ram Kumar Kaushik
…… Petitioner
Versus
State of Uttarakhand and and Others
…… Respondents
Presence:- Mr. Siddhartha Sah, learned counsel for the petitioner. Ms. Rajni Supyal, learned Brief Holder for the State. Mr. Piyush Garg and Mr. Dharmendra Barthwal, learned counsel for respondent nos. 2 and 5.
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JUDGMENT: (per Hon’ble The Chief Justice Sri G. Narendar)
We have heard the learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner is questioning his transfer order dated 27.06.2025, whereby the petitioner has been transferred from Dehradun to District Chamoli. 3. The case of the petitioner is that he has children and aged parents and that he has been asked to be relieved within one day. 4. Per contra, learned counsel for the respondents would submit that, in his entire service of 23 years, the petitioner has worked outside Dehradun only for a period 1
of 2 years and, the remaining 21 years, he has remained in Dehradun itself. 5. In that view of the matter, the petitioner having spent more than two decades in the same place, the very object of the transfer policy is lost. 6. The stated objective of a transfer policy is that employees require to be rotated in order to ensure that they do not grow roots by allowing them to remain in one station or one post for a long duration. In that view of the matter, the order of transfer being in the interest of Corporation and in the public interest and, more so, the employer, being Power Corporation, the employees are required to report at the transferred post diligently. In that view, we are of the opinion that the impugned order of transfer does not call for any interference. 7. Be that as it may, the Corporation should also take into consideration the several factors like academics of the children, etc. and ensure that general transfer is completed by a specified date. It is needless to state that, in the event, any emergent situation arises or any contingency arises, it would always be open for the employer to effect transfer to meet such emergent situation or any contingency or otherwise transfer orders 2
being issued randomly are likely to affect the academics and the normal life of the employee. It is also pertinent to note that sudden transfers would force the employee to maintain a family at both places in order to protect the education of the children, who would have already been admitted to the schools and colleges and pursuing their course of education.
It is also pertinent to note that securing admissions during the middle of the academic year for children would be near impossible and, hence, the Corporation is directed to frame a transfer policy, whereunder they shall fix a cut-off date for effecting general transfers. The Corporation shall frame the policy and place the same before this Court within three months. 8. With the above observation, the petition stands
disposed of.
9. List this case on 09.10.2025 for reporting compliance.
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G. NARENDAR, C.J.
____________ ALOK MAHRA, J. Dt: 2nd July, 2025 Ujjwal 3