Uttarakhand High Court
Dr. Sonali Joshi vs State Of Uttarakhand And Others on 25 April, 2025
2025:UHC:3061-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE ALOK MAHRA
25TH APRIL, 2025
WRIT PETITION (S/B) No. 113 OF 2025
Dr. Sonali Joshi.
...Petitioner
Versus
State of Uttarakhand and others.
...Respondents
Counsel for the petitioner. : Sri Rahul Consul, learned counsel.
Counsel for respondent nos. 1 to : Sri B.S. Parihar, learned Standing
3. Counsel for the State of Uttarakhand.
JUDGMENT :
(per Sri G. Narendar, C.J.)
Heard the learned counsel for the petitioner Sri
Rahul Consul, and the learned Standing Counsel for the
State of Uttarakhand Sri B.S. Parihar.
2. It is the case of the petitioner that she joined
services of the State, as a Medical Officer, on
02.04.2020; that she was posted at Primary Health
Centre, Type-A, Chitai Almora, District Almora; that the
petitioner was granted study leave for pursuing her P.G.
Course from Veer Chandra Singh Garhwali Government
Institute of Medical Science and Research, Srinagar,
Garhwal; that the petitioner was required to execute a
bond, undertaking that after completion of the P.G.
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Course, she would render services with the State
Government for a period of five years, and that she would
join immediately at the place of posting, without waiting
for the result; that during the study leave, the petitioner
was paid stipend; and that after completion of her P.G.
Course, she was directed to join at Primary Health
Centre, Type-A, Chitai Almora on 16.11.2024, as a
makeshift arrangement, to render services at District
Hospital, Almora until further orders.
3. It is the further case of the petitioner that the
post of ENT Surgeon was lying vacant at District Hospital,
Almora, and that she being a specialist surgeon, she
requested that she may be appointed on the said surgeon
post, but the respondents, without considering the same,
have sought to transfer her to District Hospital, Pauri
Garhwal, as a Specialist ENT Surgeon; that one ENT
Surgeon, who is presently posted as General Surgeon at
Community Health Centre, Thalisain, District Pauri
Garhwal was seeking transfer to the vacant post of ENT
Surgeon at District Hospital, Pauri Garhwal, and that his
application has also been duly forwarded by the Chief
Medical Officer. In that view of the matter, it is the case
of the petitioner that the respondents could consider
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posting her on the post of ENT Surgeon at District
Hospital, Almora, and post the other Surgeon to District
Hospital, Pauri Garhwal.
4. The place of posting cannot be dictated by a
government servant. The administration of the services
is in the hands of the State, and the expertise of the
State, in utilizing the services of the government servant,
in various posts, is to be left to the administration, and it
cannot be at the dictate of the government servant.
Whether the State desires to utilize the services of the
petitioner in District Pauri Garhwal, or in District Almora,
it is best left to the Competent Authority, who are
admittedly the experts.
5. The order of transfer, otherwise being fair, and
the Rule not permitting the transfer in the manner, in
which it is now being sought by the petitioner, we do not
find any ground, which calls for interference in the
impugned transfer order.
6. Be that as it may, the learned counsel for the
petitioner would submit that the request of transfer is
being made by the petitioner as a matter of convenience,
and not as a matter of right, and that the petitioner has
no reservation to work at any place where she is given
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posting, but an opportunity may be given to the
petitioner to make a request to the authorities to consider
her request, and the request of the other ENT Surgeon
sympathetically.
7. We have asked the learned counsel, as to
whether the petitioner would report to duty within a week
from today, to which learned counsel would answer in the
affirmative, and would submit that the petitioner would
join duty at District Hospital, Pauri Garhwal within a
week, and thereafter make a representation.
8. The submission of the learned counsel is placed
on record. The Writ Petition is disposed of, with a
direction to the respondents to consider any
representation made by the petitioner for posting her at
District Hospital, Almora, if the same is permissible, and
subject to the condition that the petitioner shall first
report to duty at District Hospital, Pauri Garhwal, and,
thereafter the petitioner is permitted to make a
representation for consideration of her request to be
posted at District Hospital, Almora. In the event, the
petitioner does not join duties at District Hospital, Pauri
Garhwal, the petitioner shall not be entitled to make a
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request, and if any such request is made, the same shall
be rejected.
9. The Writ Petition stands ordered accordingly.
There shall be no order as to costs.
As a sequel thereto, the miscellaneous
petitions, if any pending, shall stand closed.
_______________
G. NARENDAR, C.J.
_____________
ALOK MAHRA, J.
Dt: 25th April, 2025
Rahul
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2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf4c848741983ed8c39e414
5cf1dab, postalCode=263001, st=UTTARAKHAND,
serialNumber=303B55CC3063D34AC45BF8A192FCAD15C390A1AAD7B39857D
2540AE4C28A4898, cn=RAHUL PRAJAPATI
Date: 2025.04.28 16:12:35 +05'30'
