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2026 DAILYLAW 8823 (UTT)

DR RAMESH KUMAR v. STATE OF UTTARAKHAND

WPSB/475/2026 · 2026-07-24

Manoj Kumar Tiwari, Pankaj Purohit

body2026

Judgment text

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UKHC010128612026 2026:UHC:6308-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/475/2026 Dr Ramesh Kumar …Petitioner Versus State Of Uttarakhand …Respondent Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J. 1. Mr. Sandeep Adhikari, learned Legal Aid Counsel for the petitioner. 2. Mr. B.M. Pingal, learned Additional C.S.C. for the State of Uttarakhand. 3. Petitioner is serving as Medical Officer (Grade –I) in Department of Medical, Health & Family Welfare. He is challenging order of transfer passed on 29.06.2026. By the said order, he was transferred from Community Health Centre, Bhowali, District Nainital to Kshay Rog Ashram (Sanatorium), Bhowali, District Nainital. 4. Learned counsel for the petitioner submits that petitioner suffers from physical disability to the extent of 60% and he has difficulty in walking, therefore, it would be very difficult for him to serve at Kshay Rog Ashram (Sanatorium), Bhowali, where there are patient Wards situated at a distance and at different altitude, therefore it would be difficult for the petitioner to reach these wards. 5. Learned State Counsel, however, submits that petitioner has been transferred from Community Health Centre, Bhowali to Kshay Rog Ashram (Sanatorium), Bhowali, which are only three kilometres apart, and both are UKHC010128612026 2026:UHC:6308-DB within Bhowali Town, therefore, there is no dislocation of petitioner’s family. He submits that petitioner’s transfer was necessitated because petitioner was posted at Bhowali since 2015. 6. Having regards to the facts of the case, we are not inclined to interfere with the order of transfer passed in respect of petitioner. 7. Learned counsel for the petitioner then submits that petitioner is not against his transfer, but he is aggrieved because of geographical condition of Kshay Rog Ashram (Sanatorium), Bhowali as he would have to face difficulty in rendering service there. 8. Learned State Counsel submits that if petitioner wants to serve at any Durgam place then he can make a representation to the Competent Authority. 9. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation, regarding his posting to some other remote place where he can serve. If he makes such representation within 24 hours, decision thereupon shall be taken by Transferring Authority, as per law, within one week thereafter. It shall be open to petitioner to submit the representation through e-mail. Only for a period of ten days or till decision is taken on petitioner’s representation, whichever is earlier, status quo as regards petitioner’s posting shall be maintained. (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 24.07.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a 08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DA CF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.07.24 05:41:41 -07'00' UKHC010128612026 2026:UHC:6308-DB