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2026 DAILYLAW 7187 (UTT)

SWARAJ SINGH v. STATE OF UTTARAKHAND

WPSS/1593/2026 · 2026-06-17

Pankaj Purohit

body2026

Judgment text

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UKHC010105362026 2026:UHC:5006 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Service Single No.1593 of 2026 17th June, 2026 Swaraj Singh ………..Petitioner Versus State of Uttarakhand and others ………..Respondents ---------------------------------------------------------------------- Presence:- Mr. Akshay Pradhan, learned counsel for the petitioner. Mr. G.S. Negi, learned Addl. C.S.C. for the State. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. This writ petition has been filed by the petitioner, whereby the petitioner has challenged the transfer order dated 11.06.2026, passed by respondent no.3-Director Technical Education, Srinagar, Pauri-Garhwal, whereby the petitioner was transferred from Government Polytechnic Haridwar to Government Polytechnic Kashipur. 2. Challenge to the aforesaid transfer order is thrown by the petitioner on the ground that wife of the petitioner is suffering from Seizure Disorder, therefore the petitioner be exempted from the transfer. He further elaborates that the illness suffered by wife of the petitioner is covered under the definition of “Serious Patient” given under Section 3(d) of the Uttarakhand Annual Transfer for Public Servants Act, 2017, therefore the petitioner should not have been transferred as per Section 7 of the said Act. 3. Learned counsel for the petitioner has drawn attention of this Court to the medical certificate of his wife- Anshul Rani issued by the State Medical Board, Dehradun, Uttarakhand on 19.02.2026, wherein petitioner’s wife was shown suffering from Seizure Disorder. 4. It is contended by learned counsel for the petitioner that the petitioner has moved an application to the 1 UKHC010105362026 2026:UHC:5006 respondent no.3-Director Technical Education, Srinagar, Pauri-Garhwal, through Principal Government Polytechnic, Haridwar, to give exemption to the petitioner from transfer on the ground of illness of his wife. The said application for exemption was rejected by the respondent no.3-Director Technical Education, Srinagar, Pauri-Garhwal vide order dated 05.05.2026 stating therein that the certificate produced by the petitioner dated 19.02.2026 nowhere provides that due to illness of his wife the petitioner cannot be transferred to a particular place. 5. Since Kashipur is a better place having all medical facilities, therefore, only on the ground that the petitioner’s wife is suffering from Seizure Disorder, the transfer order cannot be interfered with. Transfer is an exigency of service and therefore this Court is not inclined to interfere in the matter. 6. Accordingly writ petition stands dismissed. (Pankaj Purohit, J.) 17.06.2026 SK 2