UKHC010115882026 2026:UHC:5582-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY WRIT PETTION (S/B) No. 428 of 2026 09th July, 2026 Darwan Singh -----Petitioner Versus Engineer in Chief/Head of Department …….Respondents ---------------------------------------------------------------------- Presence:- Mr. Ravi Babukar, learned counsel for the petitioner. Mr. B. S. Parihar, learned Additional CSC and Mr. S.M.S. Mehta, Standing Counsel for the State. ---------------------------------------------------------------------- JUDGMENT : (per Mr. Manoj Kumar Gupta C. J.) 1. The petitioner is aggrieved by his order of transfer dated 30.03.2026, by which, he has been transferred from Irrigation Division, Uttarkashi Sub-Division 4 to Irrigation Division, Uttarkashi Sub-Division-1 in public interest. The petitioner is holding the post of Assistant Engineer (Civil) in the Irrigation Department. The challenge is on the ground that under the Transfer Act, transfer is permissible only from remote area to accessible area, accessible area to remote area, and on request of the employee, while in the present case, transfer has been made from remote area to another remote area, without there being any request of the petitioner. The further submission is that one Vasudev Nautiyal was transferred in place of the petitioner vide order dated 30.06.2026, but on the same date, his transfer in place of the petitioner was revoked and he was transferred to PMGSY Irrigation Division, Jakholi. 1 UKHC010115882026 2026:UHC:5582-DB 2. Learned counsel for the petitioner submits that the petitioner has already made representation against his transfer order (Annexure No.8) and prays that the same be directed to be decided by the Department. 3. Learned State Counsel does not object to the said prayer. 4. Accordingly, the writ petition is disposed of with direction to the Competent Authority to decide the representation (Annexure No.8) within two weeks from today. It is further provided that till the representation is decided, the impugned transfer order shall remain in abeyance. 5. Pending application, if any, stand(s) disposed of. (MANOJ KUMAR GUPTA, C. J.) (SUBHASH UPADHYAY, J.) Dated: 09.07.2026 KKS/PP 2