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 se