Citation : 2025 Latest Caselaw 12 UK
Judgement Date : 1 May, 2025
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 672 of 2025 (S/S)
Uttarakhand Diploma Engineers Mahasangh ..........Petitioner
Vs.
District Magistrate, Rudraprayag and others ........... Respondents
Present : Mr. Dinesh Chandra Gahatori, Advocate for the petitioner.
Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the
State/respondents.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
The petitioner is an Association of Diploma Engineers.
The members of the petitioner Association are aggrieved by their
deployment in Kedarnath Dham Yatra under the Kedarnath Dham
Yatra as Sector/Subsector Officers.
2. Heard learned counsel for the parties and perused the
record.
3. It is the case of the petitioner Association that its
members are the Diploma Engineers and the District Magistrate is
assigning them duties in Kedarnath Dham Yatra to perform such
duties which are derogatory against their position as Technical
Experts.
4. Learned counsel for the petitioner would submit that
the petitioner is the Association of Diploma Engineers. They are
technical persons. Their job is quite distinct, but now, the
respondent no.1, the District Magistrate, Rudraprayag is deploying
the Diploma Engineers in Kedarnath Dham Yatra for such duties
which are derogatory keeping in view the expertise and position of
the members of the petitioner's Association.
5. An order dated 05.04.2023 has been enclosed as
Annexure No.2 to the writ petition and it is argued that the similar
kind of orders are being issued now a days.
6. A Government servant has to perform duties in view of
the exigencies of the service. If a Government employee is restricted
to the position to which he is selected, perhaps it may be little
difficult for the Government to discharge its function. Kedarnath
Dham Yatra under the Char Dham Yatra is one of such Yatras
which has gain much importance and definitely, it is the duty of the
State Government to ensure safety, security, convenience of the
Yatries during that Yatra. Annexure No.2 is the order dated
05.04.2023 of the respondent no.1, does not reveal that the
members of the petitioner's Association are required to do any
derogatory act. They have to supervise multiple tasks during the
Yatra season. It may not be questioned. Therefore, there is no merit
in this petition. Accordingly, the petition deserves to be dismissed
at the stage of admission itself.
7. The petition is dismissed in limine.
(Ravindra Maithani, J.) 01.05.2025 Sanjay
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