HIGH COURT OF UTTARAKHAND
BHIM SINGH – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPSS 1492 / 2024
Office Notes, reports, orders or proceedings SL.
Date or directions COURT’S OR JUDGE’S ORDERS No.
and Registrar’s order with Signatures WPSS/ 1492/ 2024 Hon’ble Manoj Kumar Tiwari, J.
Mr. Sandeep Tiwari, Advocate for the petitioner.
Mr. K.N. Joshi, Deputy Advocate General for the State.
2. Petitioner is serving as Junior Assistant in Industry Department of the State. He was transferred from District Industries Centre, Rudrapur, Udham Singh Nagar to District Industries Centre, Champawat vide order dated 07.06.2024. Feeling aggrieved by his transfer, he filed this writ petition.
3. A coordinate Bench of this Court passed an interim order on 07.08.2024 on the strength of which, petitioner is still serving at Udham Singh Nagar.
4. Transfer is an incidence of service therefore, interference with transfer of a government servant has to be minimal.
5. Learned State Counsel submits that petitioner was transferred as he had served in District Udham Singh Nagar for more than
10 years.
6. Learned counsel for petitioner, however, submits that petitioner’s transfer was made in violation of Section 7(d)(ii) of the Transfer Act, 2017, as petitioner was transferred to sugam place after completing more than 10 years of service in durgam places.
7. This Court is not inclined to go into these issues.
8. Having regard to the facts and circumstances of the case, this Court thinks that ends of justice would be met if petitioner is permitted to make representation regarding his transfer to the competent authority.
9. The writ petition is, accordingly, disposed of with liberty to petitioner to make representation to the competent authority. If he makes representation within two weeks from today, decision thereupon shall be taken, as per law, within eight weeks thereafter.
10. For a period of ten weeks or till decision is taken, whichever is earlier, status quo, qua petitioner’s posting shall be maintained.
(Manoj Kumar Tiwari, J.)
10.02.2026 Mahinder/
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