HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1309 of 2025 (S/S) Sarvjeet Singh ….......Petitioner Vs. Managing Director, Garhwal Mandal Vikas Nagam Limited …..... Respondent Present : Mr. Anil K. Bisht, Advocate for the petitioner. Mr. Sandeep Kothari, Advocate for the respondent. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) The challenge in the instant petition is made to the Transfer Order dated 02.08.2025, passed by the respondent/Managing Director, Garhwal Mandal Vikas Nigam Limited, by which, the petitioner has been transferred from Head Quarter, Dehradun to Tourist Rest House, Kotdwar and Kanvashram, District Pauri Garhwal. 2. Heard learned counsel for the parties and perused the record. 3. It is the case of the petitioner that in the last 07 years, he has been transferred 15 times; he was transferred to Dehradun on his personal request because his family is settled there; he wanted to look after his family; now, suddenly within three months, he has been transferred by the impugned order. 4. Learned counsel for the petitioner submits that the petitioner is 54 years of age; he has been working for the Garhwal Mandal Vikas Nigam (“the Nigam”) for the many years; in the last 07 years, he has been transferred 15 times; last year, he had requested for his transfer to Dehradun, so that he can look after to his growing children; his request was considered too. But now, within three months, he is again transferred to Kotdwar and 2 Karvashram. He would submit that it will cause a great hardship to the petitioner. 5. Learned Counsel referred to the Nigam’s Policy, which stipulates that generally the posting shall be for three to five years, subject to the conditions. He would submit that the petitioner may not be transferred on such a short period. 6. Learned counsel for the respondent was required to get instructions. Under instructions, he submits that it is not a case of 15 transfers in 07 years. He submits that the Nigam has guest houses in such locations which are operational during Yatra season. The petitioner has been posted on such places like Ghanghariya, District Chamoli and all those places, three years terms cannot be fixed. He submits that he is a very senior officer of the Nigam. The Nigam has got a project to develop guest house at Kanvashram and petitioner’s expertise is required. He submits that there is no policy, no rule or regulation, which may be said to have been violated while doing the instant transfer. He also submits that perhaps in all the days, the petitioner’s presence may not be required at Kotdwar or Kanvashram, District Pauri Garhwal. His supervision or instructions may be required. 7. This fact is admitted to the learned counsel for the petitioner that, in fact, as such, no rule, regulation or provision of the Act has been violated except that the posting should for three to five years, ordinarily. 8. It is true that as per the policy, the Nigam’s employee generally should be posted 3 to 5 years at one place, but the policy itself records that in case of necessity and sensitivity the duration 3 may be changed. It is not the case of the petitioner that there is any malafide in the transfer of the petitioner. What is being argued is that his impugned transfer may create hardship to the petitioner. He is in Dehradun on his request to look after his growing children. But, this may not be a ground to interfere in such transfers. 9. Moreover, on behalf of the respondent Nigam, a statement is being given that the petitioner’s services are required as he is more senior and experienced person to develop the Tourist Rest House at Kanvashram, District Pauri Garhwal. Therefore, there is no reason to make any interference in the instant petition. Accordingly, the petition deserves to be dismissed at the stage of admission itself. 10. The petition is dismissed in limine. (Ravindra Maithani, J.) 12.08.2025 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=e50e50b49596520698eff87e0a08bbd5046 86df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC 450A84B515A087CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.08.19 15:10:35 +05'30'