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2026 DAILYLAW 4909 (UTT)

RUCHI PATHAK v. STATE OF UTTARAKHAND

WPSS/1442/2024 · 2026-01-05

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:148 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/ 1 4 4 2 / 2 0 2 4 Hon’ble Manoj Kumar Tiwari, J. Mr. Arvind Kumar, Advocate holding brief of Mr. Vikas Pande, Advocate for the petitioner. Mr. N.K Papnoi, Standing Counsel for the State. 2. Petitioner was transferred from District Institutes of Education and Training (DIET) Bageshwar to GIC Amgari, Nainital vide order dated 30.07.2024. Challenging her transfer, petitioner filed this writ petition. 3. Coordinate Bench of this Court has passed an interim order on 02.08.2024, pursuant to which petitioner is presently serving at Bageshwar. 4. Petitioner has challenged her transfer mainly on the ground that vide order dated 22.11.2023, she was transferred from District Udham Singh Nagar to DIET, Bageshwar and within less than a year, she was again transferred from Bageshwar to Almora. 5. The writ petition was filed in 2024; but, despite opportunity, official respondents have not filed any counter affidavit so far. 6. Transfer is an incidence of service and 2026:UHC:148 ordinarily the Court should be loath in interfering with transfer orders unless there is some compelling reason to interfere therewith. 7. No useful purpose would be served by keeping this writ petition pending. This Court thinks that ends of justice would be met if petitioner is permitted to approach the transferring authority by making representation. 8. The writ petition is, accordingly, disposed of with liberty to petitioner to make representation to the transferring authority. If she makes representation within two weeks from today along with certified copy of this order, decision thereupon shall be taken, as per law, within six weeks thereafter. 9. For a period of eight weeks or till decision is taken, whichever is earlier, status quo, qua petitioner’s posting shall be maintained. (Manoj Kumar Tiwari, J.) 05.01.2026 Mahinder/ 2026:UHC:148