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2026 DAILYLAW 9329 (UTT)

PRAMOD CHANDRA JOSHI v. STATE OF UTTARAKHAND

WPSS/2235/2026 · 2026-08-24

Pankaj Purohit

body2026

Judgment text

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UKHC010148652026 2026:UHC:7635 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/2235/2026 Pramod Chandra Joshi --Petitioner Versus State Of Uttarakhand & others --Respondents Hon'ble Pankaj Purohit, J. Mr. Kailash Chandra, learned Counsel for petitioner. 2. Mr. Anil Dabral, learned Addl. CSC for the State. 3. Petitioner is posted as Head Assistant in the office of respondent no.3 at Almora. Vide order dated 27.06.2026 (Annexure No.2) issued by respondent no.2-Directorate, Directorate of Culture, Dehradun, Uttarakhand, petitioner was transferred from Almora to Pauri, Distt. Pauri Garhwal. Instead of joining at the place of transfer, petitioner moved an application for voluntary retirement on 30.06.2026; the said application is now accepted vide order dated 12.08.2026 by which it was directed that petitioner shall stand relieved from government service w.e.f. 30.09.2026 in view of the provisions contained in Financial Handbook, Volume-2 (Parts 2 to 4) of Fundamental Rule 56(c) contained in Ch.IX- giving three months’ period to the petitioner. The petitioner was relieved for his transferred place on 03.08.2026 but instead of going to the transferred place, petitioner is still at Almora. 4. Learned Counsel for petitioner submits that after transfer of petitioner, petitioner gave an application to respondent no.3 that due to his ill-health as well as family problems, petitioner is not in a position to join at Pauri. At present, petitioner is on medical leave w.e.f. 01.08.2026 onwards. UKHC010148652026 2026:UHC:7635 5. Petitioner has challenged the transfer order dated 27.06.2026, relieving order dated 03.08.2026 and the order dated 12.08.2026 whereby his application for voluntary retirement has been accepted. 6. In the aforesaid background, in the opinion of this Court, since the petitioner has already sought voluntary retirement under the rules applicable to him, which has been accepted by the competent authority by order dated 12.08.2026 w.e.f. 30.09.2026, in that event, no interference is warranted in discretionary writ jurisdiction. 7. The writ petition is, accordingly, dismissed. (Pankaj Purohit, J.) 24.08.2026 R.Dang RAJEEV DANG Digitally signed by RAJEEV DANG DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=963da6fc6df8dbb91944e0c58b9ed259ec3 d800f419a1199f15a3961c8ca2957, postalCode=263001, st=UTTARAKHAND, serialNumber=63F6E663A1DD44892EED6B81F043 D778B37D74D2DB7200F2DABC7ABCC1CA358D, cn=RAJEEV DANG Date: 2026.08.24 17:56:51 +05'30'