Uttarakhand High Court
Ram Kumar Kaushik vs State Of Uttarakhand And on 2 July, 2025
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE ALOK MAHRA
WRIT PETITION (S/B) No. 263 OF 2025
02nd July, 2025
Ram Kumar Kaushik ...... Petitioner
Versus
State of Uttarakhand and
and Others ...... Respondents
Presence:-
Mr. Siddhartha Sah, learned counsel for the petitioner.
Ms. Rajni Supyal, learned Brief Holder for the State.
Mr. Piyush Garg and Mr. Dharmendra Barthwal, learned counsel for respondent
nos. 2 and 5.
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JUDGMENT:
(per Hon'ble The Chief Justice Sri G. Narendar)
We have heard the learned counsel for the petitioner
and learned counsel for the respondents.
2. The petitioner is questioning his transfer order dated
27.06.2025, whereby the petitioner has been transferred
from Dehradun to District Chamoli.
3. The case of the petitioner is that he has children and
aged parents and that he has been asked to be relieved
within one day.
4. Per contra, learned counsel for the respondents
would submit that, in his entire service of 23 years, the
petitioner has worked outside Dehradun only for a period
of 2 years and, the remaining 21 years, he has remained
in Dehradun itself.
5. In that view of the matter, the petitioner having
spent more than two decades in the same place, the very
object of the transfer policy is lost.
6. The stated objective of a transfer policy is that
employees require to be rotated in order to ensure that
they do not grow roots by allowing them to remain in one
station or one post for a long duration. In that view of the
matter, the order of transfer being in the interest of
Corporation and in the public interest and, more so, the
employer, being Power Corporation, the employees are
required to report at the transferred post diligently. In
that view, we are of the opinion that the impugned order
of transfer does not call for any interference.
7. Be that as it may, the Corporation should also take
into consideration the several factors like academics of the
children, etc. and ensure that general transfer is
completed by a specified date. It is needless to state that,
in the event, any emergent situation arises or any
contingency arises, it would always be open for the
employer to effect transfer to meet such emergent
situation or any contingency or otherwise transfer orders
being issued randomly are likely to affect the academics
and the normal life of the employee. It is also pertinent to
note that sudden transfers would force the employee to
maintain a family at both places in order to protect the
education of the children, who would have already been
admitted to the schools and colleges and pursuing their
course of education. It is also pertinent to note that
securing admissions during the middle of the academic
year for children would be near impossible and, hence, the
Corporation is directed to frame a transfer policy,
whereunder they shall fix a cut-off date for effecting
general transfers. The Corporation shall frame the policy
and place the same before this Court within three months.
8. With the above observation, the petition stands
disposed of.
9. List this case on 09.10.2025 for reporting
compliance.
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G. NARENDAR, C.J.
____________
ALOK MAHRA, J.
nd
Dt: 2 July, 2025
Ujjwal
