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2026 DAILYLAW 4459 (UTT)

RAJESH SAINI v. STATE OF UTTARAKHAND

SPA/124/2026 · 2026-05-04

Shri Manoj Kumar Gupta, Subhash Upadhyay

body2026

Judgment text

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2026:UHC:3347-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Special Appeal No.124 of 2026 4th May, 2026 Rajesh Saini -----Appellant Versus State of Uttarakhand and Others ----Respondents -------------------------------------------------------------------------- Presence:- Mr. Narendra Bali, learned counsel for the appellant. Mr. B.S. Parihar, learned Addl. C.S.C. along with Mr. Sachin Mohan Singh Mehta, learned Brief Holder for the State of Uttarakhand. -------------------------------------------------------------------------- JUDGMENT : (per Mr. Manoj Kumar Gupta C. J.) 1. The instant intra-court appeal is directed against the order of learned Single Judge dated 07.04.2026 by which WPSS No.967 of 2025 has been dismissed. In the writ petition, the appellant had challenged the order of his transfer as Head Master from Government Primary School, Nasirpur, Afzalpur, Block Narsan, District Haridwar to Government Primary School, Mannakhedi, Block Narsan, District Haridwar in the same capacity on administrative grounds. 2. The learned Single Judge has declined to interfere with the transfer order on the ground that the appellant holds a transferable post; that he had remained posted at Government Primary School, Nasirpur, Afzalpur, Block Narsan, District Haridwar since 2009 i.e. for the last 15 years and that the transferred place is barely 15 kilometers from the present place of posting. 1 2026:UHC:3347-DB 3. As the aforesaid facts are not disputed before us, therefore, we decline to interfere with the order of learned Single Judge. 4. The appeal fails and the same is, accordingly, dismissed. 5. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C. J.) (SUBHASH UPADHYAY, J.) Dated: 04.05.2026 SS 2 SUKHBANT SINGH Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a 6380d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D7 2C42261361AED33172F152148D, cn=SUKHBANT SINGH Date: 2026.05.05 13:47:34 +05'30'