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2026 DAILYLAW 9889 (UTT)

VEERPAL SINGH v. STATE OF UTTARAKHAND

WPSS/1404/2022 · 2026-08-18

Pankaj Purohit

body2026

Judgment text

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UKHC010104262022 2026:UHC:7487 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Service Single No. 1404 of 2022 18 August, 2026 Veerpal Singh --Petitioner Versus State Of Uttarakhand & others --Respondents ---------------------------------------------------------------------- Presence:- Mr. K.K. Tiwari, learned Counsel for the petitioner. Mr. Maneesh Lohani, learned Brief Holder for the State. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. (Oral) Present writ petition has been filed by petitioner seeking a writ of certiorari to quash the transfer order dated 08.07.2022 passed by respondent no.3 (Annexure No.1 to the petition) whereby petitioner has been transferred from District U.S. Nagar to District Almora. 2. The facts of the case are that the petitioner, Veerpal Singh, is serving as a Kurk Amin in the Cooperative Department, Government of Uttarakhand. He was appointed as Kurk Amin pursuant to the Government Order dated 18.04.2011. His case is that the post of Kurk Amin is a district-cadre post and, therefore, he could not be transferred outside the district. Earlier, the petitioner was transferred from Udham Singh Nagar to Pithoragarh vide order dated 15.07.2017, which was challenged before this Court in Writ Petition No. 2637 (S/S) of 2017. The said writ petition was dismissed vide judgment dated 27.06.2022, and the Special Appeal preferred there against was also dismissed on UKHC010104262022 2026:UHC:7487 2 13.07.2022.Subsequently, pursuant to the annual transfer exercise under the Uttarakhand Annual Transfer for Public Servants Act, 2017, the petitioner was transferred from Udham Singh Nagar to Almora vide order dated 08.07.2022. Aggrieved thereby, the petitioner has filed the present writ petition, contending, inter alia, that the transfer is contrary to the applicable service rules and has been passed by an incompetent authority. 3. Learned counsel for the petitioner submits that the impugned transfer order dated 08.07.2022 is unsustainable, being contrary to the service conditions governing the petitioner. It is contended that the post of Kurk Amin is a district-cadre post, as specifically declared by Government Order dated 12.12.2011, and consequently the petitioner, having been appointed against a district-cadre post in Udham Singh Nagar, cannot be transferred outside the district. Such transfer, it is argued, would materially alter the conditions of his service. 4. It is further submitted by the learned counsel for the petitioner that the impugned order has not been passed by the competent appointing authority, namely, the Registrar, Cooperative Societies, Uttarakhand. According to the petitioner, the order has been issued by respondent No.3, who lacks competence under the Uttarakhand Sangrah Kurk Amin Service Rules, 2011. The petitioner also contends that the provisions of the Uttarakhand Annual Transfer for Public Servants Act, 2017 cannot be invoked so as to override the specific service rules governing his post. It is argued that the impugned transfer is contrary to the petitioner's UKHC010104262022 2026:UHC:7487 3 legitimate service rights and has been effected without properly considering the nature of his cadre and the applicable statutory provisions 5. Learned counsel for the respondent submits that the petitioner’s claim that the post of Kurk Amin is a non-transferable district-cadre post is misconceived, as the Uttarakhand Sangrah Kurk Amin Service Rules, 2011 impose no such restriction. The Registrar, Cooperative Societies, being the competent authority, is empowered to reallocate Kurk Amins between districts in administrative interest, and such reallocation was made vide order dated 30.06.2017. 6. It is further submitted that the petitioner, being a Group-C employee, is governed by the Uttarakhand Annual Transfer for Public Servants Act, 2017. The impugned transfer was made on the recommendation of the competent Transfer Committee and approved by the Registrar, hence, the mere issuance of the order by the Additional Registrar does not render it incompetent. It is lastly contended that the petitioner’s earlier challenge to his transfer on substantially similar grounds was dismissed by this Court on 27.06.2022, and the Special Appeal was also dismissed on 13.07.2022. The present writ petition, therefore, merits dismissal. 7. Having heard the learned counsel for the parties and perused the material available on record, this Court finds no ground warranting interference with the impugned transfer order dated 08.07.2022. The petitioner’s principal contention that the post of Kurk Amin is a non-transferable district-cadre post has already been considered by this Court in Writ Petition UKHC010104262022 2026:UHC:7487 4 No.2637 (S/S) of 2017, which was dismissed vide judgment dated 27.06.2022, and the Special Appeal preferred there against was also dismissed on 13.07.2022. The Division Bench unambiguously held that ‘the nature of duties performed of Kurk Amins is not such that a Kurk Amin of one district cannot perform his duties in another district’. No subsequent change in the applicable service conditions has been brought on record. 8. The present transfer has been effected in accordance with the Uttarakhand Annual Transfer for Public Servants Act, 2017, on the recommendation of the competent Transfer Committee and with the approval of the Registrar, Cooperative Societies. The mere fact that the transfer order was issued under the signature of the Additional Registrar does not, in the facts of the present case, render the same without jurisdiction. The petitioner has also failed to establish any statutory violation, mala fide or other circumstance warranting interference in exercise of writ jurisdiction. The challenge, therefore, is devoid of merit. 9. Accordingly, the writ petition is dismissed. 10. Pending application, if any, stands disposed of. (Pankaj Purohit, J.) 18.08.2026 Rdang