Uttarakhand High Court
WPSB/486/2022 on 4 May, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
HON'BLE SRI JUSTICE RAKESH THAPLIYAL
WRIT PETITION (S/B) NO. 482 OF 2022
04TH MAY, 2023
BETWEEN:
Sudhanshu Mishra .....Petitioner.
And
State of Uttarakhand & others ....Respondents.
With
WRIT PETITION (S/B) NO. 486 OF 2022
BETWEEN:
Pooja Pandey .....Petitioner.
And
State of Uttarakhand & another ....Respondents.
With
WRIT PETITION (S/B) NO. 487 OF 2022
BETWEEN:
J.P. Yadav .....Petitioner.
And
State of Uttarakhand & others ....Respondents.
With
WRIT PETITION (S/B) NO. 490 OF 2022
BETWEEN:
Kaushlendra Joshi .....Petitioner.
And
State of Uttarakhand & others ....Respondents.
With
WRIT PETITION (S/B) NO. 499 OF 2022
BETWEEN:
Lakshita Ajad .....Petitioner.
And
State of Uttarakhand & others ....Respondents.
With
WRIT PETITION (S/B) NO. 500 OF 2022
BETWEEN:
Jyoti Poona .....Petitioner.
And
State of Uttarakhand & another ....Respondents.
With
WRIT PETITION (S/B) NO. 501 OF 2022
BETWEEN:
Kiran Rawat (Budhani) .....Petitioner.
And
State of Uttarakhand & another ....Respondents.
With
WRIT PETITION (S/B) NO. 502 OF 2022
BETWEEN:
Himanshu Pandey .....Petitioner.
And
State of Uttarakhand & another ....Respondents.
With
WRIT PETITION (S/B) NO. 537 OF 2022
BETWEEN:
Geetika Garhia .....Petitioner.
And
State of Uttarakhand & another ....Respondents.
With
WRIT PETITION (S/B) NO. 503 OF 2022
BETWEEN:
Sushobhit Kumar Singh .....Petitioner.
And
State of Uttarakhand & another ....Respondents.
With
WRIT PETITION (S/B) NO. 505 OF 2022
BETWEEN:
Amit Kumar Verma .....Petitioner.
And
State of Uttarakhand & others ....Respondents.
With
WRIT PETITION (S/B) NO. 506 OF 2022
BETWEEN:
Komal Singh .....Petitioner.
And
State of Uttarakhand & others ....Respondents.
With
WRIT PETITION (S/B) NO. 507 OF 2022
BETWEEN:
Amit Kumar .....Petitioner.
And
State of Uttarakhand & others ....Respondents.
With
WRIT PETITION (S/B) NO. 511 OF 2022
BETWEEN:
Rohit Singh .....Petitioner.
And
State of Uttarakhand & others ....Respondents.
With
WRIT PETITION (S/B) NO. 514 OF 2022
BETWEEN:
Rajesh Kumar Ranjan .....Petitioner.
And
State of Uttarakhand & another ....Respondents.
With
WRIT PETITION (S/B) NO. 515 OF 2022
BETWEEN:
Premlata Basera .....Petitioner.
And
State of Uttarakhand & another ....Respondents.
With
WRIT PETITION (S/B) NO. 536 OF 2022
BETWEEN:
Manjeet Singh .....Petitioner.
And
State of Uttarakhand & another ....Respondents.
Counsel for the Petitioners : Mr. Shobhit Saharia, Mr. Vipul
Sharma, Mr. Bhagwat Mehra, Mr.
Alok Dalakoti, Mr. B.D. Pande,
Mr. Alok Mahra, learned counsel.
Counsel for the State : Mr. S.S. Chauhan, learned
Deputy Advocate General, Ms.
Mamta Bisht, learned Deputy
Advocate General, Mr. B.S.
Parihar, learned Standing
Counsel, Mr. Vikas Pande,
learned Standing Counsel, Mr.
S.S. Chaudhary, learned Brief
Holder.
Counsel for the Private Respondent : Mr. Vinay Bhatt and Mr. Neeraj
Garg, learned counsel.
The Court made the following:
COMMON JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)
We have heard learned counsels.
2. The respondents- authorities have filed their
counter-affidavits.
3. Subject to what we have noticed in respect of
specific cases here-in-below, in all these cases, the petitioner,
who are serving in the Veterinary Department of the State
had assailed the cancellation dated 12.08.2022 of their
transfer orders dated 07.01.2022, whereby they were all
transferred from Durgam Areas to Sugam Areas, without any
prior notice to them on 12.08.2022. Their grievance was that,
firstly, they were not heard, and secondly, others, with much
lesser services in remote areas, had been brought in place of
the petitioners to serve in Sugam areas, while they were
posted in Durgam Areas. This Court had granted stay in
respect of the impugned orders dated 07.01.2022, issued in
respect of the petitioners, and that position continues till
date. The stand of the respondents now is, that since a new
year has commenced, they would undertake the exercise of
transfers and postings in the cadre afresh, strictly in
accordance with the provisions of the Uttarakhand Annual
Transfer for Public Servants Act, 2017.
4. Mr. Saharia submits that the petitioners can have
no quarrel with the said stand of the respondents. However,
he submits that the respondents may post the petitioners
again in Durgam area while retaining other with lesser service
in Durgam areas, in Sugam areas.
5. If any such actions are taken by the respondent-
authorities, it shall be open to the petitioners to approach this
Court again. At this stage, on the basis of their apprehension,
we cannot pass any directions in that regard.
6. We, accordingly, dispose of these writ petitions.
7. The interim orders passed by us shall continue to
operate till the passing of the fresh orders by the
respondents, which shall strictly be in accordance with the
provisions of the Uttarakhand Annual Transfer for Public
Servants Act, 2017.
WPSB No. 486 of 2022
8. We may observe that, in this writ petition, the
petitioner was sought to be transferred from one Sugam area
at Udham Singh Nagar, to another Sugam area at Doiwala,
Dehradun, which had been stayed by us. Our order, in any
event, shall continue to apply in this case as well, as in other
cases.
WPSB No. 487 of 2022
9. We have vacated the order, and given effect to the
impugned order, and the petitioner shall continue to be
posted at the new place of posting, till the passing of the
fresh order by the respondents.
WPSB No. 501 of 2022
10. Similarly, we may observe that in this writ petition,
the petitioner was sought to be transferred from one Durgam
area to another Durgam area. Our order, in any event, shall
continue to apply in this case as well as in other cases.
WPSB No. 507 of 2022
11. Similar was the case in this writ petition, where the
transfer had been made from one Sugam area to another
Sugam area, which had also been stayed by us. Our order, in
any event, shall continue to apply in this case as well as in
other cases.
12. The writ petitions stand disposed of in the aforesaid
terms.
13. Pending application, if any, also stands disposed of.
(VIPIN SANGHI, C.J.)
(RAKESH THAPLIYAL, J.)
Dated: 04th May, 2023
NISHANT
