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2026 DAILYLAW 4982 (UTT)

RAJESH KUMAR PANDEY v. UNION OF INDIA

WPSB/97/2026 · 2026-02-25

Shri Manoj Kumar Gupta, Subhash Upadhyay

body2026

Judgment text

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2026:UHC:1274-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY Writ Petition (S/B) No.97 of 2026 February 25, 2026 Rajesh Kumar Pandey ---Petitioner Versus Union of India & Others ---Respondents -------------------------------------------------------------- Presence:- Mr. S.S. Yadav, learned counsel for the petitioner Mr. Manoj Kumar, learned Standing Counsel for the Union of India – respondent no.1 Ms. Anjali Bhargava, learned counsel for UGC – respondent no.2 Mr. Ajay Veer Pundir, learned counsel for the University – respondent nos.3, 4 and 5 through Video Conferencing -------------------------------------------------------------- JUDGMENT : (per Shri Manoj Kumar Gupta C. J.) 1. Heard learned counsel for the parties. 2. Present writ petition has been filed seeking quashing of the transfer order dated 21.02.2026, wherein the petitioner has been described as holding post of Deputy Registrar (fixed salary). The transfer is from SC/ST Cell to the Office of Kanya Gurukul, Haridwar. It is an interdepartmental transfer within the same University. 1 2026:UHC:1274-DB 3. The petitioner is not essentially aggrieved by the transfer; rather, his case is that he is a regular employee but has been wrongly described as getting fixed salary. 4. Learned counsel appearing on behalf of the University submits that the claim of the petitioner that he is entitled to regularization is pending consideration in the writ petition filed by him being WPSB No.578/2025. 5. A transfer order has to be read only for purposes of the place at which the employee has been transferred. The description of the employee given in the transfer order, even if assumed to be erroneous for the sake of arguments, would not vitiate the transfer order as such. 6. As the claim of the petitioner that he is a regular employee and not working on fixed salary is still under consideration in WPSB No.578/2025 filed before this Court, we refrain from making any observation in this regard. We leave it open to the petitioner to press all his claims in regard thereof in the pending matter. We further clarify that the description of the petitioner in the 2 2026:UHC:1274-DB transfer order as an employee working on fixed salary would not influence the decision of the pending writ petition. 7. With the aforesaid observation, the writ petition is disposed of. 8. Pending applications, if any, also stand disposed of. (MANOJ KUMAR GUPTA, C. J.) (SUBHASH UPADHYAY, J.) Dated: 25.02.2026 Rajni 3