UKHC010123532026 2026:UHC:5942-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 Special Appeal No.311 of 2026 17th July, 2026 Mukesh Chandra Deorari -----Appellant Versus State of Uttarakhand and Others ----Respondents -------------------------------------------------------------------------- Presence:- Mr. Tarun Prakash Singh Takuli, learned counsel for the appellant. Mr. Rajeev Singh Bisht, learned Deputy Advocate General and Mr. Sachin Mohan Singh Mehta, learned Standing Counsel for the State of Uttarakhand. -------------------------------------------------------------------------- ORDER: 1. The present appeal has been filed questioning the order of learned Single Judge dated 13.07.2026 in WPSS No.1781 of 2026 wherein the appellant had challenged order of his transfer dated 30.06.2026. 2. The appellant is an Instructor (Wireman) in the Department of Skill Development and Employment, Government of Uttarakhand, Dehradun. He holds a transferable post. By order dated 30.06.2026, impugned in the writ petition, he was transferred from Government Industrial Training Institute, Gadarpur to Government Industrial Training Institute, Khetikhan. 3. The reason for the transfer was that the appellant had completed the stipulated period of posting 1 UKHC010123532026 2026:UHC:5942-DB at an accessible area, therefore, he was to be mandatorily transferred to a remote area. 4. The case of the appellant before the learned Single Judge was that since his name figured in the eligibility list, therefore, he submitted an option for transferring him to Government Industrial Training Institute, Tandi (Nainital) or Government Industrial Training Institute, Sald Mahadev, Pauri Garhwal. However, ignoring the options exercised by the appellant, he was transferred to Khetikhan. 5. His further case was that the same was done to accommodate respondent no.3, who, according to the appellant, had remained posted at accessible place for a much longer period as compared to the appellant. 6. The learned Single Judge has examined the aforesaid contentions and has held that under the transfer policy a transferred employee has to join at the transferred place within one week from the date of issuance of the transfer order and, therefore, respondent no.3 must have joined at Government Industrial Training Institute, Tandi (Nainital), the place in respect of which the appellant had given his first option. 7. Consequently, the learned Single Judge has declined to accept the contention. In respect of the second option given by the appellant, he has been given 2 UKHC010123532026 2026:UHC:5942-DB liberty to make representation to the Government and it has been provided, that in case the post at Pauri Garhwal is still vacant, the State shall consider the request of the appellant for his transfer to the said place. 8. At this stage, learned counsel for the appellant prays that he may be permitted to withdraw the appeal. 9. Accordingly, the appeal is dismissed as withdrawn. 10. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C. J.) (SUBHASH UPADHYAY, J.) Dated: 17.07.2026 SS 3