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2026 DAILYLAW 9024 (UTT)

KHIM RAJ SAUN v. STATE OF UTTARAKHAND

WPSB/482/2026 · 2026-07-27

Shri Manoj Kumar Gupta, Subhash Upadhyay

body2026

Judgment text

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UKHC010130422026 2026:UHC:6395-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY 27TH JULY, 2026 WRIT PETITION (S/B) NO. 482 OF 2026 Khim Raj Saun …...Petitioner. Versus State of Uttarakhand & others ….Respondents. Counsel for the Petitioner : Ms. Prabha Naithani, learned counsel. Counsel for the State : Mr. J.C. Pande, learned Standing Counsel. JUDGMENT :(per Mr. Manoj Kumar Gupta, C.J.) 1. The petitioner, being aggrieved by order of his transfer dated 29.06.2026 from District Hospital Dehradun to Sub-district Hospital, Kotdwar, Pauri in the same capacity, i.e. Medical Officer (Orthopedic), has filed the present writ petition. 2. The case of the petitioner is that his mother is a cancer patient and, therefore, the petitioner should have been exempted from the annual chain of transfers. The petitioner is stated to have filed a representation on 01.07.2026 before the Director General, Medical Health and Family Welfare, Uttarakhand, Dehradun along with relevant evidence. The said representation is stated to be pending. 3. The submission of learned counsel for the 1 UKHC010130422026 2026:UHC:6395-DB petitioner is that respondents be directed to consider the said representation. 4. Having regard to the facts of the case, the writ petition is disposed of with direction to respondent no.3 to take a decision on the representation of the petitioner dated 01.07.2026, which is stated to have been forwarded to the CMO/ Secretary, State Medical Council by Staff Officer vide his letter dated 02.07.2026, within three weeks from the date of communication of the instant order along with photostat copy of the representation and supporting evidence. 5. The impugned transfer order will abide by the decision that would be taken by respondent no.3 on the representation of the petitioner. 6. Pending application, if any, also stands disposed of. MANOJ KUMAR GUPTA, C.J. SUBHASH UPADHYAY, J. Dated: 27th July, 2026 NISHANT 2 NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec 2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A05 5CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2026.07.28 14:59:30 +05'30'