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 2336/ 2025

Hon’ble Manoj Kumar Tiwari, J.

Mr. Sandeep Tiwari, Advocate, for

the petitioner.

Mr. Dinesh Bankoti, Brief Holder,

for the State.

(2) Petitioner was transferred on promotion from Haldwani to Bageshwar. Feeling aggrieved by her transfer, petitioner

has approached this Court.

(3) It is contended on behalf of petitioner that petitioner has served for more than 22 years at durgam places, therefore she is entitled to be posted at a

sugam place.

(4) Learned State Counsel submits that it is not a normal transfer inasmuch as petitioner has been transferred on promotion and, as per Transfer Act, upon promotion, a government servant is liable

to be transferred to a durgam place.

(5) Learned Counsel for the petitioner refers to Section 18(2) of the Transfer Act for contending that petitioner’s transfer to

Bageshwar is bad in law.

(6) This Court is not inclined to go into the legality or otherwise of the transfer order. Ends of justice would be met if petitioner is permitted to approach the competent authority by making a

representation.

(7) Accordingly, writ petition is disposed of by permitting the petitioner to approach respondent no. 3 by making a representation. If she makes representation

within one week from today, decision thereupon shall be taken, as per law, within four weeks thereafter. For a period of five weeks or till decision is taken on petitioner’s representation, whichever is earlier, the order of promotion/transfer passed in respect of petitioner shall be kept in abeyance. However, if petitioner fails to make representation within the stipulated time, she will not be entitled to any protection of this order and she will be relieved immediately for joining at the transferred place.

(Manoj Kumar Tiwari, J.)

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