UKHC010137992026 2026:UHC:6949-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Writ Petition (S/B) No.520 of 2026 6th August, 2026 Dr. Soni Singh and Another -----Petitioners Versus State of Uttarakhand and Another ----Respondents ----------------------------------------------------------------- Presence:- Mr. Tushar Upadhyaya, learned counsel for the petitioners. Mr. Amarendra Pratap Singh, learned Addl. Advocate General, Mr. B.P.S. Mer, learned Standing Counsel and Mr. Gajendra Tripathi, learned Standing Counsel for the State of Uttarakhand. ----------------------------------------------------------------- JUDGMENT : (per Mr. Manoj Kumar Gupta C. J.) 1. Heard learned counsel for the parties. 2. The petitioners are husband and wife and both of them are holding the post of Senior Medical Officer. So far they were posted at Sub-District Hospital Chaukhutia, District Almora but now by impugned order dated 29.06.2026 petitioner no.1 has been transferred to ICU, District Hospital Almora and petitioner no.2 has been transferred to C.H.C., Gadarpur, District Udham Singh Nagar. 3. The petitioners have also challenged a circular letter dated 17.07.2026 by which the Secretary, Uttarakhand Government had directed the District Magistrates and the Chief Medical Officers of various 1 UKHC010137992026 2026:UHC:6949-DB districts to ensure that the doctors, who have been transferred, join their transferred places forthwith. There is also a reference in the said communication that all the representations/ appeals filed by the Medical Officers have been decided. The letter also has an enclosure, which has not been annexed with the writ petition. Thus, it is not clear as to what decision has been taken by the State Government on the representation of the petitioners. 4. Learned counsel for the petitioners submits that the impugned transfer orders have been made in violation of Section 17(c)(ii) of the Uttarakhand Annual Transfer for Public Servants Act, 2017 which provides that husband and wife, if both serving in the Government of Uttarakhand, shall be allotted the desired place of vacancy, if available. 5. Learned State Counsel submits that in case the representation dated 30.06.2026 filed by the petitioners remains undisposed of, the same shall be decided by the competent authority within such time as may be directed by this Court. 6. Accordingly, without expressing any opinion on merits, the writ petition is disposed of with direction to respondent no.1 to decide the representation dated 2 UKHC010137992026 2026:UHC:6949-DB 30.06.2026, if not already decided, by a speaking order within three weeks from the date of communication of the instant order along with photocopy of the representation dated 30.06.2026. 7. In the event, the representation has already been decided, a copy of the order deciding the representation shall be provided to the petitioners within one week. 8. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C. J.) (SUBHASH UPADHYAY, J.) Dated: 06.08.2026 SS 3