2026:UHC:4856-DB HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY 16th June, 2026 Writ Petition (S/B) No. 347 of 2026 Dr. Abhishek Kumar Pant ------Petitioner Versus State of Uttarakhand and others -----Respondents ---------------------------------------------------------------------- Presence:- Mr. Prabhakar Jjoshi, learned counsel for the petitioner. Mr. B.P.S.Mer and Mr. S.M.S.Mehta, learned Standing Counsel for the State. ----------------------------------------------------------------------------------------- JUDGMENT: (per Manoj Kumar Gupta, C.J.) 1. The present Writ Petition has been filed assailing the transfer order dated 09.06.2026 transferring the petitioner who is presently working as Assistant Professor at Government Post Graduate College, Lohaghat, District Champawat to Government Post Graduate College, Halduchaur, Haldwani. 2. Lohaghat at which station the petitioner is presently posted is a remote place. He has been transferred to Halduchaur, Haldwani, an accessible place, relying on the provisions of Section 10(b) of the Uttarakhand Annual Transfer for Public Servants Act, 2017. 3. The case of the petitioner is that he had not completed three years at the present place of posting nor he has completed more than ten years at a remote 1 2026:UHC:4856-DB station, therefore, Section 10(b) would not apply. 4. Learned State Counsel submits that the petitioner has been transferred to an accessible area as teacher in the particular subject were not available at the transferred place. 5. Having regard to the rival submissions and the nature of dispute, we permit the petitioner to make representation to the Competent Authority and further provides that, in case, any representation is made within one week from today, the same shall be decided by the Competent Authority within next one week. 6. The impugned transfer order dated 09.06.2026 shall remain in abeyance till the representation is decided. In case, representation is not filed within one week from today as provided above, the protection granted to the petitioner shall be of no avail and it would be open to the respondents to implement the transfer order. 7. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C.J.) (SUBHASH UPADHYAY, J.) Dated: 16.06.2026 Kaushal/PP 2