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2023 Supreme(UK) 216

VIPIN SANGHI, ALOK KUMAR VERMA
Nirmala Singh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Hari Mohan Bhatia, learned counsel
For the Respondent:Mr. K.N. Joshi, learned Deputy Advocate General

JUDGMENT :

Vipin Sanghi, J.

Mr. Hari Mohan Bhatia, learned counsel for the petitioner has taken instructions to press the present Writ Petition.

2. The petitioner, who is serving as Senior Administrative Officer, Prantiya Khand, Dehradun, has been transferred to Prantiya Khand, Bageshwar to serve as Senior Administrative Officer, which is being challenged before us.

3. The glaring facts of the case are that the petitioner has continuously served in accessible areas for the past more than 30 years, i.e. from the time even before the creation of the State of Uttarakhand, on the ground that her husband is also a government servant, and is serving at Dehradun.

4. The aforesaid ground, for the petitioner not being transferred throughout her career, is not to be found in the Uttarakhand Annual Transfer for Public Servants Act, 2017. That cannot be a reason for not transferring a government servant for such long periods. The place of posting of the other spouse, who may be serving in a government department, is only one of the considerations, and that ground cannot be available throughout

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