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2023 Supreme(UK) 189

VIPIN SANGHI, RAKESH THAPLIYAL
Sudhanshu Mishra – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Shobhit Saharia, Vipul Sharma, Bhagwat Mehra, Alok Dalakoti, B.D. Pande, Alok Mahra.
For the Respondents: S.S. Chauhan, Mamta Bisht, B.S. Parihar, Vikas Pande, S.S. Chaudhary, Vinay Bhatt, Neeraj Garg.

JUDGMENT :

VIPIN SANGHI, J.

1. We have heard learned counsels.

2. The respondents- authorities have filed their counter-affidavits.

3. Subject to what we have noticed in respect of specific cases here-in-below, in all these cases, the petitioner, who are serving in the Veterinary Department of the State had assailed the cancellation dated 12.08.2022 of their transfer orders dated 07.01.2022, whereby they were all transferred from Durgam Areas to Sugam Areas, without any prior notice to them on 12.08.2022. Their grievance was that, firstly, they were not heard, and secondly, others, with much lesser services in remote areas, had been brought in place of the petitioners to serve in Sugam areas, while they were posted in Durgam Areas. This Court had granted stay in respect of the impugned orders dated 07.01.2022, issued in respect of the petitioners, and that position continues till date. The stand of the respondents now is, that since a new year has commenced, they would undertake the exercise of transfers and postings in the cadre afresh, strictly in accordance with the provisions of the Uttarakhand Annual Transfer for Public Servants Act, 2017.

4. Mr. Saharia submits that the petitioner

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