I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

THE HON’BLE CHI EF JUSTI CE MR. G. NARENDAR

AND

THE HON’BLE JUSTI CE MR. SUBHASH UPADHYAY

Writ Petition (S/B) No. 348 of 2025

26^th August, 2025

Anjani Rawat Negi --Petitioner

Versus

State of Uttarakhand and another

--Respondents

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Presence:-

Mr. Krishna Mohan Joshi, learned counsel for the petitioner.

Mr. Jagdish Singh Bisht, learned Standing Counsel for the State.

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JUDGMENT: (per Subhash Upadhyay, J.

The petitioner has filed the present Writ

Petition with the following prayers:

(i) To issue a writ, order or direction in the nature of

certiorari to quash the impugned order dated 14.08.2025 passed by the respondent no. 1, whereby the petitioner has been transferred from District Industrial Centre Dehradun to District Industrial Centre Almora, in the mid session. (Contained as

Annexure No. 1 to this Writ Petition.)

(ii) Issue a writ, order or direction in the nature of

mandamus directing the respondent no.2 to permit the petitioner to continue at District Industrial Centre, Dehradun and not to relive the petitioner from present

place of posting i.e. District Industrial Centre, Dehradun to the transfer place of posting i.e. District Industrial Center, Almora.

2. Learned counsel for the petitioner contends that the impugned transfer order dated 14.08.2025 is a midterm transfer and is in violation of Section 23 of The Uttarakhand Annual Transfer for Public Servant Act, 2017 (hereinafter referred to as “the Transfer Act”) as the last date of issuing transfer order is 10.06.2025. Further, the transfer order has been passed during the applicability of the model code of conduct, for Panchayat elections.

3. Vide order dated 20.08.2025, learned counsel for the State was granted time to seek instructions in the matter.

4. Learned counsel for the respondents has placed on record the instructions sent by Additional Secretary, Micro Small and Medium Enterprises, MSME, Dehradun on 14.08.2025.

5. Learned counsel for the respondents on the basis of instructions received submits that:

(a) The petitioner has completed 14 years 3 months and 10 days in sugam area (accessible area) and has spanned 3 years 8 months and 13 days at the current working place (District Industries Centre, Dehradun). Hence, the petitioner was eligible for transfer under the Transfer Act as she had never served any durgam area (non accessible area).

(b) Petitioner submitted an application on medical ground for relaxation from transfer and a decision was taken by the Transfer Committee asking the petitioner to submit Health Certificate and the approval was taken within the time frame fixed for transfer on 10.06.2025 to the effect that till the submission of the Health Certificate, the petitioner shall continue to work at the present place of posting and if she fails to produce the Health Certificate then she shall be transferred to Almora.

(c) Petitioner deliberately delayed the matter and appeared before the State Medical Council on 17.07.2025 for medical checkup, however, the State Medical Council did not find her case fit to provide relaxation under Section 3(D) of the Transfer Act, and hence as the petitioner failed to provide the requisite Health Certificate, the approval order dated 10.06.2025 was given effect to.

(d) The fact that petitioner was required to produce the Medical Certificate from State Medical Board, which she failed to produce, is not stated in the writ petition.

(e) The petitioner has been posted at the District Industries Center, Almora, which is an accessible area, and there is a Government Medical College.

(f) Transfer order has been issued on 14.08.2025 in the afternoon after completion of counting of votes and the petitioner has been given 7 days’

time to take charge at the new place of posting.

6. We have heard learned counsel for the parties and are of the opinion that the petitioner in her ent