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2026 DAILYLAW 345 (UTT)

MAHESH CHANDRA THAPLIYAL v. STATE OF UTTARAKHAND

WPSS/1683/2024 · 2026-02-11

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:765 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1683/2024 Hon’ble Manoj Kumar Tiwari, J Mr. Tarun Prakash Singh Takuli, Advocate for the petitioner. 2. Mr. S.S. Chaudhary, Standing Counsel for the State of Uttarakhand/ respondent nos. 1 to 3. 3. Mr. B.P.S. Mer, Advocate for respondent no. 4. 4. Petitioner is serving as Superintendent of Store in Department of Employment and Training. He was transferred from Dehradun to Almora, vide order dated 30.08.2024. Thus, feeling aggrieved, petitioner has filed this writ petition. 5. Coordinate Bench passed an interim order on 05.09.2024, on the strength of which, petitioner is still serving at Dehradun. 6. Learned counsel for the petitioner submits that petitioner is a senior employee, as he had completed 55 years of age at the time of his transfer, therefore, transfer order is bad, as senior employees are exempted from compulsory transfer. It is further contended that petitioner has been transferred to accommodate respondent no. 4, who had requested for his transfer from Almora to Dehradun. 7. Per contra, Mr. B.P.S. Mer, learned counsel appearing for respondent no. 4 submits that petitioner had not 2026:UHC:765 completed 55 years of age, as alleged, on the date of his transfer; he further submits that petitioner is continuously serving at Dehradun for last more than 19 years; Dehradun being ati sugam place, petitioner became liable for transfer to some other place in the hills, therefore, there is no infirmity in the impugned transfer order. 8. Learned State Counsel submits that there are only two sanctioned posts of Store Superintendent in Department of Training and Employment in State of Uttarakhand; petitioner was promoted as Store Superintendent in 2016 and ever since then, he is posted at Dehradun. He thus submits that continuance of a Government Servant at one place is against public interest, therefore, petitioner was transferred to Almora. He further submits that both Dehradun and Almora are sugam places, therefore, there is no bar in transferring a senior employee from one sugam place to another sugam place. 9. This Court is not inclined to go into all these issued raised by the parties. Since transfer is an incidence of service and petitioner holds a transferable post, therefore, the interest of justice would be served if petitioner is permitted to make a representation to the competent authority. 10. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to the Director, Training and Employment within ten days from today. If representation is made within stipulated time, Director concerned shall look into the issues 2026:UHC:765 raised by the petitioner and take decision as per law, within four weeks thereafter. It goes without saying that respondent no. 4 shall also be heard by the Director, before taking any decision. 11. For a period of five weeks or till decision is taken, whichever is earlier, status quo qua posting of the petitioner, shall be maintained. The interim order is modified accordingly. (Manoj Kumar Tiwari, J) 11.02.2026 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=3be23325146e76a0642bdf4943fb9046f487df006da 82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643 AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.02.12 10:19:13 +05'30'