SPA/356/2022
2022 Latest Caselaw 3582 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
          HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                             AND
                HON'BLE SRI JUSTICE R.C. KHULBE

                      11TH NOVEMBER, 2022
             SPECIAL APPEAL No. 356 OF 2022

Between:

Smt. Madhu Bagdi and others.
                                                               ...Appellants

and

State of Uttarakhand and others.
                                                            ...Respondents

Counsel for the appellants.          :   Mr. S.S. Yadav, the learned counsel.

Counsel for the respondents.         :   Mr. C.S. Rawat, the learned Chief
                                         Standing Counsel assisted by Mr. A.K.
                                         Bisht, the learned Additional Chief
                                         Standing Counsel for the State of
                                         Uttarakhand.

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

DELAY CONDONATION APPLICATION (IA No. 02 of 2022)


              By     this      application,     the     appellant       seeks

condonation of delay of 19 days in filing the present

Special Appeal.


2.            The respondents fairly do not oppose the

application to seek condonation of delay of 19 days in

filing the present Special Appeal.
 3.         For the reasons stated in the application, the

same is allowed.      Delay caused in filing the present

Special Appeal is, hereby, condoned.


SPECIAL APPEAL No. 356 OF 2022

4.         The present Special Appeal is directed against

the order dated 14.09.2022 passed by the learned

Single Judge in the appellants' Writ Petition, being Writ

Petition (S/S) No. 1758 of 2022.


5.         By the said order, while granting time to the

respondents to file their counter affidavit, the matter

had been adjourned to 13.12.2022.               It has been

observed that it shall be open to the petitioners to join

at the transferred place.


6.         The grievance of the appellants is that no stay

of the impugned transfer has been granted in favour of

the appellants.


7.         We are not inclined to interfere with the

impugned     order.     The       matter   is   still   pending

consideration before the learned Single Judge, and the

next date of hearing is 13.12.2022.




                              2
 8.        Learned counsel for the appellants submits

that the appellants have not joined at the transferred

place in pursuance of the impugned transfer orders.


9.        It shall be open to the appellants to request

the learned Single Judge to take up the Writ Petition for

hearing on the next date. If such a request is made, the

learned   Single    Judge     may         consider    the    same,

considering the position of his board.


10.       Mr.   C.S.      Rawat       states   that   the   counter

affidavit is under preparation. He shall ensure to file the

same in the writ proceedings positively within the next

two weeks, so that the appellants may file their

rejoinder before the date fixed in the Writ Petition.


11.       The Special Appeal stands disposed of in the

aforesaid terms.


12.       In sequel thereto, pending application, if any,

also stands disposed of.


                                          ________________
                                           VIPIN SANGHI, C.J.


                                               _____________
                                                R.C. KHULBE, J.

Dt: 11th November, 2022 Rahul