HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA, C.J.

AND HON’BLE JUSTICE SRI SUBHASH UPADHYAY, J.

24^th February, 2026 SPECIAL APPEAL NO. 185 OF 2025 Muzammil Ahmed ------------Appellant Versus State of Uttarakhand and others --------Respondents ----------------------------------------------------------------------

Presence:-

Shri Amar Murti Shukla and Shri Deepak Chandra, learned counsel for the appellant.

Shri B. S. Parihar, Additional Chief Standing Counsel, for the State/respondents.

JUDGMENT: (per Manoj Kumar Gupta, C.J.

1. The present intra-court Appeal is directed against the order of learned Single Judge dated 07.07.2025 in WPSS No. 1036, by which, the writ petition filed by the petitioner challenging the transfer order dated 10.06.2025, transferring the appellant from Family Welfare Sub-Centre, Pawalgarh, Bailpadaw, Nainital to Primary Health Centre, Dharchoola, Pithoragarh in public interest has been dismissed.

2. The contention of learned counsel for the appellant is that the post of Pharmacist at various sub centers was created by G.O. dated 1st August, 2005.

Clause-2 of the said Government Order stipulated that a Pharmacist who is appointed at a sub- centre on any post created by the said Government Order could be transferred only to any other sub-centre and not to any other place. He submits that the same condition was also introduced in the appointment letter of the appellant, therefore, the appellant could not have been transferred to a Primary Health Centre.

3. The learned Single Judge has held that the cadre of pharmacist is a single cadre under the service rules. The appellant has been working at the present place of posting since 2006. The place where he has been transferred is an accessible area. Consequently, the challenge has been repelled.

4. Learned counsel for the State has invited our attention towards judgment of this Court in WPSS No. 884 of 2009 and WPSS No. 1849 of 2018 dated 17.06.2016, whereby clause-2 of the Government Order dated 01.08.2005, has been held to be arbitrary and violative of Article 14 of the Constitution of India and was consequently quashed. The Government Order issued on 04.03.2011, which provided for transfer of Pharmacist to any Primary Health Centers has been upheld. Subsequent Government Order dated 08.09.2015, whereby Government order dated 04.03.2011 was kept in abeyance has also been quashed. The combined effect of the said judgment is that as on date, the Government Order dated 04.03.2011, which enables the Government to transfer a Pharmacist posted at Sub Centre to any Primary Health Centre holds the field. As such, reliance placed on Clause-2 of the Government Order dated

01.08.2025 is misplaced.

5. Consequently, we find no scope for interference in the present Special Appeal.

6. Special Appeal fails and the same is accordingly dismissed.

7. Pending application(s), if any, also stands disposed of.

(MANOJ KUMAR GUPTA, C.J.)

(SUBHASH UPADHYAY, J.)

Dated: 24.02.2026 Kaushal