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2026 DAILYLAW 2924 (UTT)

PRADEEP CHANDRA GAIROLA v. STATE OF UTTARAKHAND

SPA/71/2026 · 2026-04-06

Shri Manoj Kumar Gupta, Subhash Upadhyay

body2026

Judgment text

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2026:UHC:2378-DB HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY 6th April, 2026 Special Appeal No. 71 of 2026 Pradeep Chandra Gairola ------Appellant Versus State of Uttarakhand & others -----Respondents ---------------------------------------------------------------------- Presence:- Mr. B.S.Koranga, learned counsel for the appellant. Mr. Amrendra Pratap Singh, learned Additional Advocate General, assisted by Mr. B.P.S. Mer, learned Standing Counsel for the State. JUDGMENT: (per Manoj Kumar Gupta, C.J.) 1. The present intra court appeal is directed against the order of learned Single Judge dated 13.03.2026, passed in WPSS No. 178 of 2026. The petitioner/appellant, who is a pharmacist posted at Pokhari, was transferred to Rauta Pokhri, by order dated 15.01.2026. He had subjected the transfer order dated 15.01.2026 to challenge in the writ petition. 2. The learned Single Judge has declined to interfere with the transfer order observing that Rauta Pokhri is only 19 Kilometers away from Pokhri and the transfer of the appellant was made in public interest as the post of Pharmacist was lying vacant at Rauta Pokhri. At the same time, learned Single Judge has given liberty to the petitioner to make representation 1 2026:UHC:2378-DB and has further observed that, in case, any representation is made, the competent authority shall decide the same within four weeks. 3. Learned counsel for the appellant submits that the appellant has been posted at a remote place for last 20 years, and therefore, his transfer at Rauta Pokhri, which is also a remote place, is illegal. 4. It is not disputed that the distance of the transferred place is barely 19 Kilometers from the earlier place of posting of the appellant. The appellant has already been given liberty to represent his case for transfer to some other place. 5. In such view of the matter, we are not inclined to interfere with the order of transfer or with the order of learned Single Judge. The appeal is dismissed. 6. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C.J.) (SUBHASH UPADHYAY, J.) Dated: 06.04.2026 Kaushal 2 2026:UHC:2378-DB 3