Office Notes,

reports, orders or proceedings

S N L o . .

Date or directions COURT’S OR JUDGE’S ORDERS

and Registrar’s

order with Signatures

WPSS 1451/ 2025

Hon’ble Manoj Kumar Tiwari, J.

Ms. K.P. Upadhyay, Senior

Advocate, assisted by Ms. Himani

Upadhyay, Advocate for the petitioner.

Mr. Rajeev Singh Bisht, Additional

CSC, for the State.

(2) Petitioner is serving as Junior Engineer in Public Works Department (PWD). He is aggrieved by his transfer from Construction Division, PWD, Roorkee (Haridwar) to Temporary Division, PWD, Thatyur, District Tehri Garhwal, vide order dated 26.8.2025. The principal ground of challenge is that petitioner is a person with disability, therefore, in view of Section 7(d)(iii) of the Transfer Act, 2017, he is not liable to be transferred to a durgam area, while Thatyur, where petitioner has been transferred in District Tehri Garhwal, is a hill station and it is categorised as durgam

area.

(3) Learned State Counsel was asked to get instruction. On instructions, Mr. Rajeev Singh Bisht, submits that petitioner is serving at Roorkee continuously since 2003 i.e. he has been serving at Roorkee continuously for the last 23 years. He points out that petitioner was initially serving as Junior Clerk at Roorkee and upon his promotion to the post of Junior Engineer in 2014, he managed to continue at the same place, although, as per the policy, a person upon promotion is transferred to

some other place.

(4) Mr. K.P. Upadhyay, learned Senior Counsel appearing for the petitioner,

however, submits that petitioner was permitted to continue at Roorkee on account of his disability. He placed on record a Government Order, issued by Department of Personnel and Vigilance on 28.6.2024. Para 3 thereof reveals that the said Government Order would apply not only to transfer season 2024-25 but to future transfer seasons also. Mr. Upadhyay relies upon the said Government Order for contending that a person with disability, if is required to be transferred, then he shall be transferred to some nearby office or district, but not in a durgam place.

(5) Mr. Rajeev Singh Bisht submits that he has nothing more to add on the aforesaid Government Order.

(6) Accordingly, writ petition is allowed. Impugned order dated 26.8.2025 is set aside to the extent it concerns the petitioner. However, the competent authority shall be at liberty to transfer the petitioner to some other district in terms of the policy contained in Government Order dated 28.6.2024. This Court hopes and expects that fresh order of transfer, if necessary, shall be passed within three weeks from today.

(Manoj Kumar Tiwari, J.)

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