2026:UHC:2775-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/41/2026 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J. Per – Manoj Kumar Tiwari, J. No representation for the petitioner. Mr. Jagdish Chandra Pandey, Standing Counsel for the State. 2. Instructions submitted by State Counsel in Court today are taken on record. 3. Petitioner was offered appointment as Ayurvedic Medical Officer by Secretary, Department of Ayurvedic vide order 02.02.2024, and he was asked to submit joining at the place indicated in the order, on or before 28.02.2026. 4. Petitioner instead submitted joining in the Directorate of Ayurvedic and Unani Services on 15.02.2024 and thereafter on 23.02.2024, he submitted joining in the office of District Ayurvedic and Unani Officer, Uttarkashi. Petitioner was asked to join duties at the place indicated in the appointment order but he did not join duties at the place of his posting i.e. Government Ayurvedic Hospital, Silla, District Uttarkashi and he requested that he be permitted to join duties at the place of his posting once he completes his Ph.D. 5. Since other persons, who were appointed as Ayurvedic Medical Officer and were pursuing higher studies also made similar request, therefore, State Government issued Government Order on 27.08.2024, wherein it was provided: (i) Such medical officers, who are likely to complete higher study within maximum period of 18 months alone shall be given additional time for joining. (ii) Joining submitted by Ayurvedic Medical Officer at the place of posting shall be deemed to be cancelled and the date of their joining upon completion of MD/MS/Ph.D 2026:UHC:2775-DB course shall be treated as the date of their actual joining and period of probation shall be counted from that date. (iii) All service benefits would be available to such Ayurvedic Medical Officers from the date of their fresh joining after completing the course of study. (iv) Seniority of such Ayurvedic Medical Officers will remain unaffected and will not be disturbed because of their re-joining upon completing the course. (v) Under existing Rules, at the time of first posting before joining duties, there is no provision for study or other kind of leave, therefore, concerned Ayurvedic Medical Officers, if interested in pursuing higher studies, shall have to submit affidavit that they will not stake claim for salary, leave etc. from the date of their initial joining and the permission for pursuing higher studies will become effective only upon submission of such affidavit by them. 6. Petitioner submitted affidavit in terms of Government Order dated 27.08.2024, and he proceeded to pursue Ph.D course to which he was admitted on 01.01.2021, in Uttarakhand Ayurvedic Hospital, Haridwar. 7. In this writ petition, petitioner has challenged order dated 06.01.2026, issued by Secretary, Ayurveda whereby Dr. Jai Prakash was posted in Govt. Ayurvedic Hospital, Silla, Bhatwari, Uttarkashi. He has also sought a writ of mandamus directing the respondents to permit petitioner to join duties at Silla, District Uttarkashi pursuant to appointment order dated 02.02.2024. 8. Learned State Counsel, on instructions, submits that petitioner is yet to complete Ph.D; a show cause notice was issued to him by Director, Ayurveda on 18.04.2025, whereby he was called upon to show cause as to why his candidature for appointment be not cancelled for not joining duties at Govt. Ayurvedic Hospital, Silla, Bhatwari even after one year of his appointment. 9. Learned State Counsel further submits that as per 2026:UHC:2775-DB report dated 19.02.2026, received from Uttarakhand Ayurved University, petitioner served as Assistant Professor in Panch Karma Vibhag of Haridwar Ayurved Medical College and Research Centre but did not inform the competent authority in Department of Ayurveda about his appointment. 10. Learned State Counsel further submits that the post of Ayurvedic Medical Officer was vacant at Silla Bhatwari, District Uttarkashi since long, and in view of persistent demand made by persons residing in that area, another Ayurvedic Medical Officer was posted there. He submits that petitioner does not have any lien on the post at Silla Bhatwari, Uttarkashi, and anyone who is appointed as Ayurvedic Medical Officer in the Department can be posted/transferred anywhere within the State. He further submits that as and when petitioner submits joining report before the competent authority in Department of Ayurveda, decision thereupon shall be taken by the competent authority. 11. This Court finds substance in the contentions raised on behalf of the State. 12. Anyone who is appointed as ‘Ayurvedic Medical Officer’ can be transferred anywhere within the State. Although petitioner was posted at Silla, Bhatwari, District Uttarkashi, vide order dated 02.02.2024; however, the post at Silla, Bhatwari cannot be left vacant till completion of Ph.D. course by petitioner. Moreover, no one can claim lien at a particular place or hospital, and as transferable State employee, one can have lien on the post, but not on a place or hospital. 13. As contended by State Counsel, petitioner has not 2026:UHC:2775-DB served as Ayurvedic Medical Officer for a single day, as he proceeded on leave without joining duty at Silla Bhatwari, District Uttarkashi. 14. Whether petitioner fulfilled the eligibility conditions for leave in terms of Government Order dated 27.08.2024, has to be examined by the competent authority. Similarly, his request for joining can be considered by the competent authority as and when he submits joining. 15. Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to approach the Secretary, Ayurvedic and Unani Services, Government of Uttarakhand, regarding his joining. If he makes representation within two weeks from today, decision thereupon shall be taken as per law, within six weeks thereafter. (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 17.04.2026 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d 1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305 B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2026.04.21 18:55:58 +05'30'