UKHC010117412026 2026:UHC:5536-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY 08TH JULY, 2026 WRIT PETITION (S/B) NO. 419 OF 2026 Dr. Rajesh Kumar …...Petitioner. Versus State of Uttarakhand & others ….Respondents. Counsel for the Petitioner : Mr. Yogesh Kumar Pacholia and Mr. Sagar Malara, learned counsel. Counsel for the State : Mr. Gajendra Tripathi, learned Standing Counsel and Mr. M.S. Bisht, learned Brief Holder. JUDGMENT :(per Mr. Manoj Kumar Gupta, C.J.) 1. The petitioner is a Veterinary Officer in the Animal Husbandry Department. He is aggrieved by his transfer from Intensive Poultry Development Project (IPDP) Kotdwar to Veterinary Hospital, Reethakhal, District Pauri Garhwal. 2. The case of the petitioner is that he was elected as President of District Pauri of the Uttarakhand State Veterinary Service Association in the election held on 12.05.2025. The term of newly elected committee is two years. Section 17(2)(d) of the Uttarakhand Annual Transfer for Public Servants Act, 2017 (for short hereinafter referred to as “the Act”), exempts elected officer bearers of recognized service organizations of government servants 1 UKHC010117412026 2026:UHC:5536-DB from annual transfers. The petitioner has also placed reliance on a communication dated 03rd November, 2025 whereby the State Government reiterated that the office bearers of recognized service organizations would be exempted from annual transfers in terms of Section 17(2)(d) of the Act. Reliance has also been placed on the Annual Transfer Policy dated 06th October, 2025, in Paragraph No.4 whereof, once again the same position has been reiterated. 3. Learned State Counsel has placed on record the instructions received from the Directorate. It is submitted by learned State Counsel that under the Rules of the Association, District Level Committee of which the petitioner claims to be elected President is not contemplated. According to him, only Regional Level Committee is envisaged and, therefore, the petitioner cannot be extended the benefit of Section 17(2)(d) of the Act. 4. We have examined the Rules of the Association and, prima facie, the submission does not appear to be correct. The Rules contemplate for a Union at “ᮧांत” level comprising of various office bearers. The Rules also specifically provide for the manner, in which, the Union is to be constituted and it provides that, apart from President 2 UKHC010117412026 2026:UHC:5536-DB and other office bearers, there would be one representative from the District Level Committee, who would be the member of the Executive Body. 5. In such a situation, we dispose of the present writ petition with liberty to the petitioner to make representation before the Department within a week from today and further provide that the said representation shall be decided by the competent authority within the next two weeks. For a period of three weeks, the effect and operation of the impugned transfer order shall remain in abeyance and, thereafter, it shall abide by the decision that would be taken by the competent authority on the representation of the petitioner. 6. Pending application, if any, also stands disposed of. MANOJ KUMAR GUPTA, C.J. SUBHASH UPADHYAY, J. Dated: 08th July, 2026 NISHANT 3 NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec 2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A05 5CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2026.07.08 17:44:55 +05'30'