Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 7960 (UTT)

VIRENDRA SINGH BHOJ v. STATE OF UTTARAKHAND

WPSS/1773/2026 · 2026-07-13

Pankaj Purohit

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

UKHC010119032026 2026:UHC:5703 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Service Single No. 1773 of 2026 13 July, 2026 Virendra Singh Bhoj --Petitioner Versus State Of Uttarakhand 2: The Engineer In Chief And Head of Department PWD --Respondents ---------------------------------------------------------------------- Presence:- Mr. Tarun Prakash Singh Takuli, learned counsel for petitioner. Mr. Anil Dabral, learned Additional C.S.C. for the State of Uttarakhand/respondents. Hon’ble Pankaj Purohit, J. (Oral) Petitioner has impugned the transfer order dated 30.06.2026 passed by respondent No.2 to the extent it relates to petitioner, in which his name mentioned at S.No.15 (Annexure No.1 to the writ petition), whereby, petitioner was transferred from Office of Chief Engineer, P.W.D. Almora to Office of Head of Department, P.W.D. Dehradun, contrary to the exemption granted by Government Order dated 15.06.2023 (Annexure No.2 to the writ petition). 2. Challenged thrown by the petitioner is mainly on the ground that petitioner was posted at Almora barely for 3½ years ago on 22.12.2022 as Junior Assistant; as per the department classification Almora is a remote place and the petitioner, in view of the Government Order dated 15.06.2023 (Annexure No.2 to the writ petition), has a right to be considered for exemption of compulsory transfer, if the petitioner expresses his willingness to remain in the remote area i.e. Almora. UKHC010119032026 2026:UHC:5703 2 3. The attention of this Court was drawn by learned counsel for petitioner to Government Order dated 15.06.2023 (Annexure No.2 to the writ petition) particularly Clause-4 of aforesaid Government Order dated 15.06.2023, in which such exemption has been mentioned. 4. Learned State Counsel also accepted the existence of said Government Order and the exemption which could be provided to a person, who is posted at remote area from being transferred under compulsory transfer, if he desires to stay at remote area. 5. It is contended by learned State Counsel that if petitioner moves a representation to the respondent No.2- Head of Department, P.W.D., within a stipulated period, the said representation would be decided by respondent No.2 in view of the aforesaid Government Order. 6. Having heard learned counsel for the parties and having gone through the Government Order dated 15.06.2023, this Court is of the view that ends of justice would be met if petitioner is given a liberty to move representation to respondent No.2-Head of Department, P.W.D., within 07 days from today and if such a representation is moved by petitioner within 07 days seeking exemption from transfer in the light of aforesaid Government Order, respondent No.2 shall decide the said representation within a further period of 07 days from the date of receipt of representation submitted by petitioner. 7. Accordingly, writ petition is disposed of. Petitioner is directed to move representation to respondent No.2 seeking exemption from compulsory UKHC010119032026 2026:UHC:5703 3 transfer within 07 days from today and if such a representation is moved by petitioner within 07 days, respondent No.2 shall decide the said representation within a further period of 07 days from the date of receipt of representation submitted by petitioner in light of the Government Order dated 15.06.2023. Till representation is decided by respondent No.2, if moved within 07 days, the impugned transfer order dated 30.06.2026 shall remain stayed qua the petitioner. 8. Pending application stands disposed of. 9. Let a certified copy of this order be supplied to learned counsel for the parties today itself, as per Rules. (Pankaj Purohit, J.) 13.07.2026 PN