WPSB/441/2022
2023 Latest Caselaw 2366 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. 441 OF 2022


                             21ST AUGUST, 2023

Between:


Mohammad Mustafa Khan                        ......          Petitioner


and


State of Uttarakhand & others                ......         Respondents



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

Counsel for the respondents       :   Mr. B.S. Parihar, learned Standing
                                      Counsel for the State / respondent
                                      Nos. 1 to 3

                                  :   Mr. Ganesh Kandpal, learned
                                      counsel for respondent No. 4



The Court made the following:


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



             By this petition, the petitioner had challenged

his transfer to Tehri Garhwal from Dehradun. The said

transfer     was    challenged        on   the    ground    that    the

petitioner had already rendered 17 years of service in
                                 2




Durgam area, and had rendered only 10 years service in

Sugam area.        He had been posted at Dehradun on

03.12.2021, and he was transferred by the impugned

order dated 25.07.2022, to Tehri Garwhal. He assailed

his transfer on the ground that the said transfer had

been effected within 08 months of his posting at

Dehradun, whereas the normal tenure of service is 04

years.


2)           On   02.08.2022,       when    we   heard   learned

counsels, we had granted stay of the said transfer.

However, on 03.11.2022, we were informed that the

petitioner had continuously served in Dehradun District

for last 10 years. We, therefore, directed that it shall be

open to the respondent authorities to transfer the

petitioner to another place in an accessible area, and the

said order shall not come in the way of the respondents

in doing so.      Consequently, the petitioner was again

transferred to Tehri Garhwal, which is a Sugam area.


3)           Aforesaid being the position, we are not

inclined to further proceed with the matter.                  The

petitioner    cannot   insist   that   he   should   remain    in

Dehradun, merely because, he has rendered 17 years of
                                3




Durgam service.     He has no vested right to remain at

Dehradun.


4)         Since the petitioner has been posted to Tehri

Garhwal, which is also a Sugam posting, we dispose of

this petition at this stage.



                                      ________________
                                     VIPIN SANGHI, C.J.



                                   ________________
                                   RAKESH THAPLIYAL, J.

Dt: 21st AUGUST, 2023 Negi