I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON’BLE THE CHI EF JUSTI CE SRI G. NARENDAR AND HON’BLE SRI JUSTI CE ALOK MAHRA

25^TH APRI L, 2025 WRI T PETI TI ON (S/ B) No. 113 OF 2025 Dr. Sonali Joshi.

…Petitioner Versus State of Uttarakhand and others.

…Respondents Counsel for the petitioner. : Sri Rahul Consul, learned counsel.

Counsel for respondent nos. 1 to : Sri B.S. Parihar, learned Standing

3. Counsel for the State of Uttarakhand.

JUDGMENT : (per Sri G. Narendar, C.J.)

Heard the learned counsel for the petitioner Sri Rahul Consul, and the learned Standing Counsel for the State of Uttarakhand Sri B.S. Parihar.

2. It is the case of the petitioner that she joined services of the State, as a Medical Officer, on 02.04.2020; that she was posted at Primary Health Centre, Type-A, Chitai Almora, District Almora; that the petitioner was granted study leave for pursuing her P.G. Course from Veer Chandra Singh Garhwali Government Institute of Medical Science and Research, Srinagar, Garhwal; that the petitioner was required to execute a bond, undertaking that after completion of the P.G.

Course, she would render services with the State Government for a period of five years, and that she would join immediately at the place of posting, without waiting for the result; that during the study leave, the petitioner was paid stipend; and that after completion of her P.G. Course, she was directed to join at Primary Health Centre, Type-A, Chitai Almora on 16.11.2024, as a makeshift arrangement, to render services at District Hospital, Almora until further orders.

3. It is the further case of the petitioner that the post of ENT Surgeon was lying vacant at District Hospital, Almora, and that she being a specialist surgeon, she requested that she may be appointed on the said surgeon post, but the respondents, without considering the same, have sought to transfer her to District Hospital, Pauri Garhwal, as a Specialist ENT Surgeon; that one ENT Surgeon, who is presently posted as General Surgeon at Community Health Centre, Thalisain, District Pauri Garhwal was seeking transfer to the vacant post of ENT Surgeon at District Hospital, Pauri Garhwal, and that his application has also been duly forwarded by the Chief Medical Officer. In that view of the matter, it is the case of the petitioner that the respondents could consider posting her on the post of ENT Surgeon at District Hospital, Almora, and post the other Surgeon to District Hospital, Pauri Garhwal.

4. The place of posting cannot be dictated by a government servant. The administration of the services is in the hands of the State, and the expertise of the State, in utilizing the services of the government servant, in various posts, is to be left to the administration, and it cannot be at the dictate of the government servant. Whether the State desires to utilize the services of the petitioner in District Pauri Garhwal, or in District Almora, it is best left to the Competent Authority, who are admittedly the experts.

5. The order of transfer, otherwise being fair, and the Rule not permitting the transfer in the manner, in which it is now being sought by the petitioner, we do not find any ground, which calls for interference in the impugned transfer order.

6. Be that as it may, the learned counsel for the petitioner would submit that the request of transfer is being made by the petitioner as a matter of convenience, and not as a matter of right, and that the petitioner has no reservation to work at any place where she is given posting, but an opportunity may be given to the petitioner to make a request to the authorities to consider her request, and the request of the other ENT Surgeon sympathetically.

7. We have asked the learned counsel, as to whether the petitioner would report to duty within a week from today, to which learned counsel would answer in the affirmative, and would submit that the petitioner would join duty at District Hospital, Pauri Garhwal within a week, and thereafter make a repres