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2026:UHC:141

Office Notes,

reports, orders

or proceedings

S NL o.

.

Date or directions COURT’S OR JUDGE’S ORDERS

and Registrar’s

order with

Signatures

WPSS 2336/ 2025

Hon’ble Manoj Kum ar Tiw ari, 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

2026:UHC:141

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.)

5.1.2026

Pr

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2026:UHC:141