Uttarakhand High Court
WPSS/303/2025 on 9 March, 2026
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2026:UHC:1461
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WPSS/303/2025
Hon'ble Manoj Kumar Tiwari, J.
Mr. Ravindra S. Rawat, Advocate for the petitioner.
2. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State of Uttarakhand.
3. Petitioner is serving as Ward Aaya in Health Department. She was posted in Community Health Centre, Thalisain. Vide order dated 11.02.2025, issued by Chief Medical Officer, Pauri, she was directed to be relieved for Community Health Centre, Nainidanda within the same district. Challenging the said order, petitioner filed this writ petition.
4. Co-ordinate Bench granted protection to the petitioner, vide order dated 07.03.2025 on the strength of which petitioner is still continuing at Thalisain.
5. Learned counsel for the petitioner contends that petitioner is a senior citizen, therefore, she cannot be transferred as per provisions of Transfer Act; petitioner suffered fracture in her left leg and she is also facing various other health problems, therefore, her transfer at the fag-end of service career to a remote place, is unjust and uncalled for. Learned counsel for the petitioner further submits that Chief Medical Officer was not justified in simply issuing a relieving order, without there being an order of transfer passed in respect of the 2026:UHC:1461 petitioner by the competent authority.
6. Learned State Counsel, however, submits that petitioner was asked to join duties in Community Health Centre, Nainidanda due to administrative exigency, as she had served at Thalisain for sufficiently long period of time. He, however, submits that if petitioner makes representation to the competent authority, highlighting her grievances, then the competent authority shall take decision on the representation within some stipulated time frame.
7. The writ petition is, accordingly, disposed of with liberty to petitioner to make representation to the competent authority within three weeks from today. If she makes representation within stipulated time, competent authority shall take decision on the representation, as per law, within three months thereafter. Till decision is taken on petitioner's representation, status quo as regards her posting shall be maintained.
(Manoj Kumar Tiwari, J.) 09.03.2026 Navin NAVEEN Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0 a15, postalCode=263001, st=UTTARAKHAND, CHANDRA serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9 A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.03.09 17:00:06 +05'30'