Extracted from the PDF above. The PDF is authoritative.
2026:UHC:817 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS/1739/2024 Hon’ble Manoj Kumar Tiwari, J
Mr. Harendra Belwal, Advocate for the petitioner.
2. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand/ respondents.
3. Petitioner is serving as Fisherman in Department of Fisheries. He was transferred from Bhimtal to the office of Assistant Director, Fisheries, Almora, vide
order dated 31.08.2024. Challenging the said transfer, petitioner filed this writ petition.
4. Petitioner contended that his name did not figure in the eligibility list of Fishermen, who were due for transfer, yet he was transferred in violation of provision contained in Section 17 of Transfer Act. Various other contentions were raised.
5. Coordinate Bench passed an interim
order on 19.09.2024, on the strength of which, petitioner is still serving at Bhimtal.
6. Learned State Counsel submits that petitioner had served at Bhimtal continuously since 2012, therefore, as per provisions of the Transfer Act, he was liable for transfer to some other place. He submits that both Almora and Bhimtal are categorised as ‘sugam’, therefore, petitioner cannot have any grievance against his transfer to Almora. He further
2026:UHC:817 submits that since there was no fisherman with sufficient experience at Almora, therefore, in public interest, petitioner was transferred to Almora, as he had more than six year’s experience of serving as Fisherman.
7. This Court is not inclined to go into the rival contentions raised by the parties. Law is well settled that every Government servant, holding a transferable post, can be transferred in public interest or in administrative exigency by the employer. Interference with such orders of transfer affects administration and demoralises the superior officers, who have to take work from their employees. However, having regard to the pleadings made in the writ petition, this Court thinks that ends of justice would be served, if petitioner is permitted to make representation to the Director.
8. Accordingly, the writ petition is
disposed of with liberty to petitioner to make representation regarding his transfer to the Director, Fisheries. If he makes such representation within three weeks from today, decision thereupon shall be taken, as per law, within nine weeks thereafter. For a period of twelve weeks or till decision is taken, whichever is earlier, status quo as regards petitioner’s posting shall be maintained.
(Manoj Kumar Tiwari, J)
12.02.2026 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=3be23325146e76a0642bdf4943fb9046f4 87df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819 DA875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.02.13 10:22:46 +05'30'