Uttarakhand High Court
Ravi Shankar Jha vs State Of Uttarakhand And Another on 10 July, 2025
2025:UHC:5962-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE ALOK MAHRA
10TH JULY, 2025
WRIT PETITION (S/B) No. 229 OF 2025
Ravi Shankar Jha ........Petitioner
Versus
State of Uttarakhand and another. ...Respondents
WRIT PETITION (S/B) No. 230 OF 2025 (2)
Gurpreet Singh ........Petitioner
Versus
State of Uttarakhand and another. ...Respondents
WRIT PETITION (S/B) No. 243 OF 2025 (3)
Dr. Ram Nayan Maurya ........Petitioner
Versus
State of Uttarakhand and another. ...Respondents
&
WRIT PETITION (S/B) No. 249 OF 2025 (4)
Ramesh Chandra Bhatt ........Petitioner
Versus
State of Uttarakhand and another. ...Respondents
Counsel for the petitioners. : Mr. Yogesh Pacholia, Mr. Sagar Malara
and Mr. Saurabh Budhori, learned
counsel.
Counsel for the respondents. : Mr. B.S. Parihar, learned Additional
Chief Standing Counsel with Mr. J.S.
Bisht, learned Standing Counsel for
the State.
JUDGMENT :
(per Sri G. Narendar, C.J.)
Pursuant to our order dated 20.06.2025, the
Secretary, Animal Husbandry Department, Government of
Uttarakhand, after interaction, has got filed a short counter
affidavit through the Joint Secretary of the Department. The
short-counter affidavit reads as under:-
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"1. That the deponent is presently posted as Joint
Secretary, Animal Husbandry Department,
Government of Uttarakhand, Dehradun, and has
been authorized and deputed to file this Counter
Affidavit on behalf of respondent no. 1 in the
present writ petition, and as such, he is well
conversant with the facts deposed to below. True/
correct typed version / copy of the authorization
letter dated 21-04-2022 is being filed herewith and
marked as Annexure No. 1 to this Affidavit.
2. That the present Writ Petition and other
connected writ petitions were listed before the
Hon'ble Court on 20.06.2025 and the deponent
submitted that he would forthwith constitute the
Medical Board and refer all these cases and obtain a
report and place it before the Court alongwith their
affidavit. The deponent sought two week time for
the same.
3. That in this regard it is humbly submitted that
in the present Writ Petition bearing WPSB 229 of
2025, "Dr. Ravi Shankar Jha Vs. State & Ors., in
compliance with the directions of this Hon'ble Court
while the deponent personally appeared through
video conferencing on 20.06.2025, by the
Government's Letter No. 1134/XV-1/25/88322
dated 20.06.2025, a letter was sent to the
Secretary, Medical Health and Director General,
Medical Health and Family Welfare, Uttarakhand,
Dehradun to constitute a special State Medical
Board for all the Veterinary Officers included in the
Eligibility List applying for exemption from annual
transfer on the basis of health /disability and to
make available the Medical Certificate of their illness
/ disability to the Government within a week. True /
correct typed version / copy of the Govt. Letter
dated 20.06.2025 is being annexed as Annexure No.
2 to this affidavit.
4. That by Letter No. 19P/8/1/2025/T.C./17642
dated 23.06.2025 of Director General, Medical
Health and Family Welfare, Uttarakhand, a special
meeting of the State Medical Council was called on
26.06.2025 at Dehradun for the Medical
Examination of the concerned Veterinary Officers
and in the said letter it has also been informed that
the Chief Medical Officer is the competent authority
for issuing disability certificate for disability. True /
correct typed version / copy of the Minutes of
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Meeting dated 23.06.2025 is being annexed as
Annexure No. 3 to this affidavit.
5. That in pursuance of the above letter of
Director General, Medical Health and Family Welfare
Uttarakhand, Dehradun, by Letter No. 1641 /
Stha.One/Annual Sthana./2025-26 dated
23.06.2025 of Director, Department of Animal
Husbandry, 16 Senior Veterinary Officers were
directed to appear at the State Medical Council,
Dehradun on 26.06.2025 for their Medical
Examination and by Letter No. 1681 /
Stha.1/Va.Sthana./2025-26 dated 25.06.2025, Chief
Veterinary Officer, Nainital / Chief Medical Officer,
Nainital as well as Dr. Rajiv Kumar were also
informed to get the disability of Dr. Rajiv Kumar,
Senior Veterinary Officer examined. True / correct
typed version / copy of the Letter dated 23.06.2025
and 25.06.2025 are collectively being annexed as
Annexure No. 4 to this affidavit.
6. That in accordance with the above instructions,
14 Senior Veterinary Officers got their Medical
Examination done at the State Medical Board on
26.06.2025. After the Medical Examination of the
above 14 Senior Veterinary Officers, the Medical
Certificates were sent to the Director, Department of
Animal Husbandry, Uttarakhand through the Letter
No. Ra.Chiki.Pari.-568/2025/5137 dated 26.06.2025
of the Director General / Chairman, State Medical
Board, Uttarakhand, Dehradun. True / correct typed
version / copy of the Letter dated 26.06.2025 is
being annexed as Annexure No. 5 to this affidavit.
7. That the State Medical Board had issued a
certificate to the following Senior Veterinary Officers
regarding their being covered under Section 3(d) of
the Transfer Act 2017:-
Sl. No. Name / Place of Remarks
Designation posting
1 Dr. Pushkar Office-Chief Transfer has
Singh Hyanki, Veterinary not made
Deputy Chief Officer,
Veterinary Nainital.
Officer, Nainital
2 Dr. Mrigesh Govt. In Transfer
Chaudhary, Veterinary Session 2025-
Senior Hospital, 26 has been
Veterinary Kichha, transferred in
Officer. Udham Directorate of
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Singh Animal
Nagar. Husbandry.
3 Dr. Sanjeev Attached Transfer has
Kumar Sharma, with Chief not made
Senior Veterinary
Veterinary Officer,
Officer. Udham
Singh
Nagar.
4 Dr. Ravi Govt. In Transfer
Shankar Jha, Veterinary Session 2025-
Senior Hospital, 26 has been
Veterinary Gadarpur, transferred to
Officer Udham Veterinary
Singh Hospital,
Nagar. Narsan,
Haridwar.
It is submitted that out of the total 14
Senior Veterinary Officers present before the State
Medical Board, 10 Senior Veterinary Officers have
not been found covered under Section 3(d) of the
Annual Transfer Act, 2017 (from the category of
serious illness) and Dr. Pankaj Kumar Joshi, Deputy
Chief Veterinary Officer and Dr. Kavita Dhiman,
Senior Veterinary Officer have not appeared for
Medical Examination in the State Medical Board. Dr.
Pankaj Kumar Joshi, Senior Veterinary Officer has
informed through his application dated 24.06.2025
that in view of the present health condition (unable
to walk), he cannot appear before the State Medical
Board and Dr. Kavita Dhiman has informed through
her application dated 23.06.2025 regarding
submission of application under Section 13(3) of the
Transfer Act 2017. True / correct typed version /
copy of the Application dated 24.06.2025 of Dr.
Pankaj Kumar Joshi and Application dated
23.06.2025 of Dr. Kavita Dhiman are collectively
being annexed as Annexure No. 6 to this affidavit.
8. That the Letter No. Disabled / 2025-26/5175
dated 27.06.2025 of the Chief Medical Officer,
Nainital has certified the 45% Disability Certificate
issued to Dr. Rajiv Kumar, Senior Veterinary Officer.
True / correct typed version / copy of the Letter
dated 27.06.2025 is being annexed as Annexure No.
7 to this affidavit.
9. That in compliance with the directions dated
20.06.2025 of this Hon'ble Court, in the meeting
convened at the Government Level on 02.07.2025
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and 03.07.2025, after due deliberation, it was
decided that even though no limit has been fixed for
transfer by the Personnel Department, Govt. of
Uttarakhand in the current Transfer Session, but in
the interest of departmental work, transfer of 15
percent officers should be considered as in previous
years. Therefore, in pursuance of the decision taken
as above, cancelling the Government's Office Order
No. 1060/XV-1/25/88322 dated 10.06.2025, as per
the provisions contained in the Annual Transfer Act,
2017, in the context of departmental requirements,
a new transfer list is being prepared for compulsory
transfer upto 15 percent of the eligible officers and
in relation to the available vacancies. Officers
suffering from serious illness are being exempted
from transfer as per their request on the basis of
Medical Examination Certificate of the State Medical
Board.
Similarly, against the said transfer order, WPSB
No. 230 of 2025 and WPSB No. 229 of 2025 have
been filed before this Hon'ble Court by the petitioner
Dr. Gurpreet Singh and Dr. Ravishankar Jha
respectively. In the new transfer proposed list, Dr.
Gurpreet Singh and Dr. Ravishankar Jha are not
coming under the purview of compulsory transfer.
Also, WPSB No. 243 of 2025 filed before this Hon'ble
Court by the petitioner Dr. Ramanayan Maurya, in
the new proposed transfer list, it is proposed to
transfer Dr. Ramanayan Maurya to the vacant post
as per the option submitted by him.
10. That 04 Senior Veterinary Officers, who have
been found covered under Section-3(d) of the
Transfer Act 2017 by the State Medical Board are
being given work by the department and these
Senior Veterinary Officers are performing
departmental work faithfully. Hence, the
department is not in favour of compulsory
retirement of these Senior Veterinary Officers.
11. That Honourable High Court is requested to
grant the permission of release of Proposed Transfer
List prepared as per the provisions of the Annual
Transfer Act 2017 and on the basis of Government
Orders given by the Personnel Department of
Uttarakhand Government which is being annexed as
Annexure No. 8 to this affidavit."
2025:UHC:5962-DB
2. Except for the case of two Senior Veterinary
Officers-one Dr. Pankaj Kumar Joshi and Dr. Kavita Dhiman,
rest have been examined by the State Medical Board, and it is
averred that the State Medical Board has certified only the
cases of four officers, and as aforestated, two having not
appeared, no certification from the State Medical Board has
been issued.
3. The contention of Dr. Pankaj Kumar Joshi that he
cannot appear before the State Medical Board because he is
unable to walk is food for some serious thought. If he is
unable to walk, to even attend a medical examination, then
the million dollar question is as to whether he is really
discharging his duties or not? If the aforestated two persons
are incapable of performing and discharging their duties, then
it is for the Department to review their requirement. It is
unbelievable that a person, who is discharging duties is unable
to appear before the State Medical Board. It only fortifies our
suspicion that not all the medical certificates that have been
placed to seek exemption from transfer are untainted.
4. In that view, we direct the Secretary, Animal
Husbandry Department, Government of Uttarakhand to
proceed further with the fresh transfer list in the light of the
re-visited eligibility list.
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5. Further in Paragraph No. 9 of the short-counter
affidavit dated 08.07.2025, it is averred by the deponent that
both the petitioners-Dr. Gurpreet and Ravi Shankar Jha do not
come under the purview of compulsory retirement and in that
view, the earlier proposals are not being effected and; that in
view of the option given by Dr. Ram Nayan Maurya (petitioner
in WPSB No. 243 of 2025), he is being transferred to the
opted post.
6. In view of the above, the Writ Petition Nos. 229,
230 and 243 of 2025 do not call for any further orders.
7. Placing the short-counter affidavit dated 08.07.2025
on record, the Writ Petition Nos. 229, 230 and 243 of 2025
stand disposed of in terms thereof.
8. We appreciate the diligence & effort put in by Sri Dr
B.V.R.C. Purushottam, Secretary, Animal Husbandry
Department, Government of Uttarakhand to carry-out the
exercise and place the corrective measures before this Court
in such a short period of time.
9. After the dictation of the above order, learned
counsel for the petitioner in WPSB No. 243 of 2025 prays that
an opportunity may be given to the petitioner to make a
representation and seek a posting at a place nearer to
Kashipur, where his wife is currently employed and posted as
a Senior Veterinary Officer.
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10. Reserving such liberty, Writ Petition (S/B) No. 243
of 2025 is disposed of.
11. In respect of Writ Petition (SB) No. 249 of 2025,
learned counsel for the petitioner submits that the earlier
transfer proposal has been withdrawn by the Department and
in that view, Writ Petition (SB) No. 249 of 2025 does not
survive for consideration.
12. The submission is placed on record.
13. Writ Petition (S/B) No. 249 of 2025 is disposed of as
having been rendered infructuous.
14. There shall be no order as to costs.
_______________
G. NARENDAR, C.J.
_____________
ALOK MAHRA, J.
Dt: 10th July, 2025
Rathour
PRAVINDR Digitally signed by PRAVINDRA SINGH RATHOUR
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
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097d17dbb53d481cabd25946eed,
postalCode=263001, st=UTTARAKHAND,
serialNumber=1F65499E931DF71CDAF92A40CC6179
B8E010331BA695239171F906FD5C45C4E8,
RATHOUR
cn=PRAVINDRA SINGH RATHOUR
Date: 2025.07.11 18:04:32 +05'30'
