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2026 DAILYLAW 4215 (UTT)

MANOJ MAMGAI v. STATE OF UTTARAKHAND

WPSS/299/2026 · 2026-03-18

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:1875 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 2 9 9 / 2 0 2 6 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Anil Kumar Joshi, learned counsel for the petitioner. 2. Mr. Rajeev Singh Bisht, learned Additional C.S.C. for the State of Uttarakhand. 3. Petitioner is serving as Assistant Teacher L.T. Grade. He applied for mutual transfer jointly with one Mr. Sachindra Jakhmola, who was posted at P.M. Shri Government Inter College, Mehuwala, Block Raipur, District Dehradun. The request for mutual transfer was acceded to by the Competent Authority and the petitioner was transferred to P.M. Shri GIC, Mehuwala, Block Raipur, District Dehradun and Mr. Sachindra Jakhmola was transferred, in place of petitioner, at P.M. Shri GIC, Charba, Vikas Khand Sahaspur, District Dehradun, vide order dated 22.01.2026. Subsequently, that order of transfer was cancelled by Regional Additional Director of Education, Pauri vide order dated 30.01.2026. 4. Feeling aggrieved by cancellation order dated 30.01.2026, petitioner approached this Court by contending that since he has joined duties at the transferred place, therefore, the transfer order cannot be cancelled thereafter. 5. Learned State Counsel submits that petitioner wrongly made request for mutual transfer with Mr. Sachindra Jakhmola, who was to complete age of 2026:UHC:1875 superannuation on 31.01.2026, and at best, he would continue till 31.03.2026 by giving session benefit. He submits that the Competent Authority could not notice the said fact while passing the transfer order on the joint request made by petitioner and Mr. Sachindra Jakhmola, and when this fact came to notice, the order of transfer was cancelled. 6. Coordinate Bench vide order dated 04.02.2026 granted interim order on the strength of which, petitioner is still continuing at P.M. Shri GIC, Mehuwala, Block Raipur, District Dehradun. 7. Learned counsel for the petitioner submits that petitioner has made a representation to the Competent Authority regarding his transfer, who may be directed to take decision on such representation. 8. The writ petition is, accordingly, disposed of by directing Additional Regional Director of Education, Pauri to consider petitioner’s representation dated 31.01.2026 and pass appropriate order, as per law, within six weeks from the date of presentation of certified copy of this order. For a period of six weeks or till decision is taken, whichever is earlier, status quo as regards petitioner’s posting shall be maintained. ( Man oj Ku m ar Tiw ar i, J) 18.03.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.03.18 07:50:56 -07'00'