WPSB/105/2023
2023 Latest Caselaw 762 UK

              IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                WRIT PETITION (S/B) NO. 105 OF 2023
                             22ND MARCH, 2023
BETWEEN:
Umesh Chand                                                   .....Petitioner.
And

State of Uttarakhand & another                                ....Respondents.

Counsel for the Petitioner : Mr. Amar Murti Shukla, learned counsel.

Counsel for the Respondents : Mr. Vikas Pande, learned Standing Counsel.

The Court made the following:

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

The petitioner has preferred the present writ

petition to assail the order dated 18.01.2023, insofar as it

relates to the so called transfer of the petitioner from the

office of the Assistant Regional Transport Officer, Rookee,

District Haridwar, to the office of the Assistant Regional

Transport Officer, Kashipur, District Udham Singh Nagar.

2. The petitioner was promoted by the impugned

order to the post of Senior Administrative Officer from the

post of Administrative Officer. While making the said

promotion, the place of posting of the petitioner was changed

from the office of the Assistant Regional Transport Officer,

Rookee, District Haridwar to the office of the Assistant

Regional Transport Officer, Kashipur, District Udham Singh

Nagar.

3. The challenge to the order dated 18.01.2023-

whereby the petitioner and two others were promoted, is to

the extent that the petitioner has been posted, upon

promotion, at the office of the Assistant Regional Transport

Officer, Kashipur, District Udham Singh Nagar.

4. Learned counsel for the petitioner submits that the

said posting is contrary to Section 7(d) of the Uttarakhand

Annual Transfer for Public Servants Act, 2017 on the ground

that the petitioner is a Senior Employee, as defined under

Section 3(h) of the aforesaid Act, since the petitioner is 57

years old. He claims that the petitioner is entitled to be not

posted without his concurrence.

5. We do not find any merit in the aforesaid

submission of the petitioner. The order under challenge is an

order of promotion, and, consequent upon promotion, the

petitioner stands posted, as aforesaid, at Kashipur. It is not a

simplicitor transfer from one location to another in the same

cadre. Therefore, Section 7(d) of the aforesaid Act is not

attracted.

6. The submission that others have been retained,

upon promotion, at the same location is, neither here nor

there, as it does not create any vested right upon the

petitioner in that regard. It is for the respondents to assess

the needs of administration, and on that basis make transfers

and postings, of course, in accordance with the provisions of

the Uttarakhand Annual Transfer for Public Servants Act,

2017.

7. We do not find any merit in this writ petition, and

the same is accordingly dismissed.

8. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 22nd March, 2023 NISHANT