JUDGMENT :

VIPIN SANGHI, J.

1. The petitioner has preferred the present writ petition to seek quashing of the order dated 26.04.2023 issued by respondent No. 2, whereby the petitioner has been transferred from the post of Medical Officer in the office of the Chief Medical Officer, Dehradun to the same post in the Community Health Centre, Munsyari, District Pithoragarh.

2. The petitioner, who is an ex-army officer, after taking voluntary retirement joined as a Medial Officer in the Medical Health and Family Welfare Department of the State of Uttarakhand on 16.02.2021. His first posting was at Dehradun, which, we notice, was contrary to Section 18(1) of the Uttarakhand Annual Transfer for Public Servants Act, 2017 (hereinafter referred to as the ‘Act’). The petitioner continued to serve while being posted at Dehradun. While so serving at Dehradun, he was also attached with National Health Mission, Dehradun. He was relieved from the said attachment on 10.11.2022.

3. The petitioner was sought to be transferred by respondent No. 2 on 05.04.2023 under Section 18(5) of the Act, i.e. on administrative ground to the post of Medical Officer to District Hospital, Pithoragarh. The petitioner assai