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2026 DAILYLAW 8068 (UTT)

KRISHAN KUMAR v. STATE OF UTTARAKHAND

WPSB/407/2026 · 2026-07-15

Shri Manoj Kumar Gupta, Subhash Upadhyay

body2026

Judgment text

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UKHC010115852026 2026:UHC:5830-DB HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY 15th July, 2026 WRIT PETITION (S/B) NO. 407 of 2026 Krishan Kumar ------Petitioner Versus State of Uttarakhand and Others ----Respondents Presence:- Mr. G.D. Joshi, learned counsel for the petitioner. Mr. B.P.S. Mer, learned Standing Counsel for the State. ------------------------------------------------------------------------------- JUDGMENT: (per Manoj Kumar Gupta, C.J.) 1. The petitioner, who is holding the post of Professor (Commerce) in the Department of Higher Education, Government of Uttarakhand, is aggrieved by order of his transfer dated 09.06.2026, by which, he has been transferred from Government P.G. College, Kashipur to Government P.G. College, Halduchaur, Haldwani, District Nainital. 2. The case of the petitioner is that his wife is also a government employee and she is presently posted at Jaspur, District Udham Singh Nagar. The petitioner is stated to have made a representation to the authorities on 03.07.2026, for re-consideration of the transfer order dated 09.06.2026 and to permit him 1 UKHC010115852026 2026:UHC:5830-DB to continue at the same place having regard to the spouse policy. He submits that the respondents be directed to consider and decide the said representation. 3. As the petitioner has already joined the transferred place, therefore, we find no impediment in directing the respondents to consider and decide the representation of the petitioner dated 03.07.2026. 4. Accordingly, without expressing any opinion on merit, the writ petition is disposed of with a direction to the Competent Authority to decide the representation made by the petitioner dated 03.07.2026 by speaking order within three weeks from today and communicate his decision to the petitioner. 5. Learned State Counsel shall inform the concerned respondent about the instant order within 48 hours. 6. Pending application, if any, also stand(s) disposed of. (MANOJ KUMAR GUPTA, C.J.) (SUBHASH UPADHYAY, J.) Dated: 15.07.2026 KKS/PP 2