Pankaj Kumar Rai vs State Of Uttarakhand & Another
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Uttarakhand High Court

Pankaj Kumar Rai vs State Of Uttarakhand & Another on 26 June, 2025

                                                           2025:UHC:5415-DB

   HIGH COURT OF UTTARAKHAND AT NAINITAL
  HON'BLE THE CHIEF JUSTICE MR. G. NARENDAR
                                      AND
             HON'BLE SRI JUSTICE ALOK MAHRA
                             26TH JUNE, 2025
         WRIT PETITION (S/B) NO. 226 OF 2025
Pankaj Kumar Rai                                           ......Petitioner.
                                 Versus
State of Uttarakhand & another                        .......Respondents.

Counsel for the Petitioner        :        Mr. Sandeep Kothari and Ms. Ananya
                                           Jain, learned counsel.
Counsel for the State             :        Mr. S.S. Chaudhary, learned Standing
                                           Counsel.

JUDGMENT :

(per Mr. G. Narendar, C.J.)

Heard learned counsel for the petitioner and

learned Standing Counsel for the State.

2. Learned Standing Counsel, on instructions,

submits that the petitioner has completed four years of stay

in the station at Dehradun, and hence, he is eligible to be

compulsorily transferred under Section 7 of the Uttarakhand

Annual Transfer of Public Servants Act, 2017.

3. Per contra, learned counsel for the petitioner

would submit that the petitioner has made a representation

seeking for reconsideration and in that view, learned

counsel prays that there be a direction to the concerned

authorities to consider the petitioner's representation in a

time-bound manner.

4. It is needless to say that the law is settled that

2025:UHC:5415-DB

any request or representation of the transfer order can be

made only after reporting at the transferred post.

5. In that view of the matter, we grant liberty to the

petitioner to report at the transferred post, and thereafter,

make a fresh representation setting out the grounds for

reconsideration of petitioner's transfer. If the petitioner does

not report at the transferred post, there shall be no onus on

the respondents to consider any representation.

6. The writ petition is disposed of accordingly.

7. There shall be no order as to costs.

________________

G. NARENDAR, C.J.

_____________ ALOK MAHRA, J.

Dt: 26th June, 2025 NISHANT

NISHANT

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT

2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc0

KUMAR 0ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63 A055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2025.07.04 12:27:20 +05'30'