WPSB/339/2023
2023 Latest Caselaw 2117 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                 AND
              THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL

              WRIT PETITION (S/B) NO. 339 OF 2023

                             7TH AUGUST, 2023

Between:

Prem Pal Singh                                 ......         Petitioner

and

State of Uttarakhand                           ......         Respondent


Counsel for the petitioner        :    Mr. Sagar Kothari, learned counsel

Counsel for the respondent        :    Mr. B.S. Parihar, learned Standing
                                       Counsel with Ms. Puja Banga,
                                       learned Brief Holder for the State



The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)



             The    petitioner        has   filed   a   supplementary

affidavit, as per which, the petitioner was serving in ad

hoc capacity till 13.02.2013.               He was regularized as

Junior Engineer on 14.02.2013. His postings thereafter

show that he was practically always posted in Sugam

area, except from 30.06.2014 to 12.06.2015.                         That

apart, he has served at Dehradun, Mussoorie, Nainital,

Udham Singh Nagar, and again, at Dehradun.
                             2




2)        The submission of learned counsel for the

petitioner is that the petitioner's wife survived bravely

during COVID-19 pandemic. The medical record placed

on record does not indicate that she has been certified,

as not being in a position to move to Chamoli with the

petitioner, where he has been posted.


3)        We are, therefore, not inclined to interfere

with the petitioner's transfer order.


4)        The writ petition is, accordingly, dismissed.


5)        Stay Application (IA No. 01 of 2023) also

stands disposed of.



                                        ________________
                                        VIPIN SANGHI, C.J.



                                   ________________
                                   RAKESH THAPLIYAL, J.

Dt: 7th AUGUST, 2023 Negi