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2026 DAILYLAW 5960 (UTT)

VIKAS DUMKA v. STATE OF UTTARAKHAND

WPSS/1298/2026 · 2026-05-26

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:4144 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 1298/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Ishwari Datt Paliwal, Advocate, for the petitioners. Mr. Maneesh Bisht, Brief Holder, for the State. (2) Petitioner was initially appointed as Gram Panchayat Vikas Adhikari in District Bageshwar. He was thereafter transferred to District Tehri Garhwal and lastly he was transferred to District Dehradun and was posted in Kalsi Block. He was thereafter attached at Vikasnagar Block. His attachment has now been cancelled vide order dated 8.5.2026, passed by District Panchayat Raj Adhikari, which is under challenge in this writ petition. (3) Impugned order refers to a letter issued by State Government on 24.4.2026. The said letter provides for cancellation of attachment of Gram Panchayat Vikas Adhikari, who are attached in other districts or any other office. (4) Learned Counsel for the petitioner contends that cancellation of petitioner’s attachment is bad, as it has been done without assigning any reason. He further submits that petitioner was attached at Vikasnagar Block only on 11.3.2026, therefore his attachment could not have been cancelled within less than two months, that too without assigning any reason. (5) Learned State Counsel, however, submits that petitioner’s attachment is 2026:UHC:4144 cancelled pursuant to directive issued by State Government and petitioner has not challenged the said directive, issued on 24.4.2026. He further submits that petitioner does not have any vested right to remain on attachment and attachment is done to meet the administrative exigencies for a short while. He further submits that State Government has imposed ban on attachment of government employees at places other than the place where they are posted, therefore there is no infirmity in the impugned order. (6) This Court does not find any reason to interfere with the impugned order. Law is well settled that a government servant cannot insist that he be posted at a place of his choice. Since petitioner holds a transferable post, therefore, he can be transferred anywhere within the district, as per conditions of his service. However, having regard to the fact that petitioner was attached at Vikasnagar only in the month of March 2026, petitioner is permitted to approach the competent authority by making a representation. If he makes representation within three days, decision thereupon shall be taken, as per law, within ten days thereafter. For a period of two weeks or till decision is taken on petitioner’s representation, whichever is earlier, status quo as regards petitioner’s posting shall be maintained. It shall be open to the petitioner to submit the representation through e-mail also. (7) With the aforesaid directions, writ petition is disposed of. (Manoj Kumar Tiwari, J.) 26.5.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F 3C91957BE53, cn=PRABODH KUMAR Date: 2026.05.26 17:12:11 +05'30' 2026:UHC:4144