Unknown vs State Of Uttarakhand And Another
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Uttarakhand High Court

Unknown vs State Of Uttarakhand And Another on 21 May, 2025

                                                         2025:UHC:4226-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

  THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR

                                 AND

         THE HON'BLE JUSTICE MR. ALOK MAHRA

                Writ Petition (SB) No.152 of 2025
                            21st May, 2025


  Subhash Chandra Arya                              --     Petitioner

                                 Versus

  State of Uttarakhand and Another                  --Respondents

  ----------------------------------------------------------------------
  Presence:-
  Mr. Akshit Gururani, learned counsel for the petitioner.
  Mr. J.S. Bisht, learned Standing Counsel for the State.
  ---------------------------------------------------------------------

  JUDGMENT :

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

Heard learned counsel for the petitioner and

learned Standing Counsel for the State.

2. We had sought for instructions from the

respondents on the basis of the contentions raised by

the petitioner. The issue involved is transfer from

inaccessible to accessible area and the petitioner had

pointed out the cases of three others similarly situated

like him, whose request have been granted and

accommodated in the place of request. The Director,

Higher Education, after considering the issue on merits,

2025:UHC:4226-DB has been pleased to issue instructions to the Chief

Standing Counsel dated 20.05.2025 and have observed

in the penultimate paragraph as under:-

"5. In the petition, the petitioner has made allegations regarding the transfer of Mrs. Nirmala Joshi, Ms. Rekha Bhatt and Dr. Kusum Lata. In this regard, it is to be informed that in the session 2024-24 the transfer of Mrs. Nirmala Joshi was granted to the inaccessible place from accessible area on the basis of her total accessible area service, which was 8 years 04 months 23 days, due to which Mrs. Nirmala Joshi has been transferred to Government Post Graduate College, Ranikhet in the category of compulsory transfer from accessible to inaccessible place in order of the option given by her. Ms. Rekha Bhatt was working in Government Post Graduate College, Bageshwar in the Department of Hindi. As a result of the establishment of Government Post Graduate College, Bageshwar as a campus of Soban Singh Jeena University, Ms. Rekha Bhatt was transferred to Government Post Graduate College, Ranikhet under the provisions mentioned in paragraph 04 of Government Order No. 421 dated 01.06.2023, in view of the options given as per her choice and vacant posts. Dr. Kusum Lata sought transfer to Government Post Graduate College, Ranikhet as first preference due to the ill health of her mother and for her treatment in Ranikhet on the basis of request under section 13(2) of the 2017 Transfer Act. Kusum Lata's service in an inaccessible area is 03 years 02 months 28 days. Therefore, on the basis of request, Dr. Kusum Lata was transferred to Government Post Graduate College, Ranikhet. (Annexure 02)

Therefore, in compliance with the decision passed by the Hon'ble Court on 06.08.2024 in Writ Petition No. 480 (S.B)/2024, the petitioner's representation has been disposed of by the Uttarakhand Government Office Memo No. 701 dated 28.12.2024. The petitioner's total inaccessible area service period for the transfer year 2024- 25 is 03 years, 02 months and 27 days, due to which he does not fall under the 15 percent maximum limit of permissible transfers prescribed for the personnel by Government Order No. 198739/XXX(2)/E-33080 dated 14.03.2024, due to which Dr. Subhash Chandra Arya was not transferred in the transfer session 2024-25. If options are presented by the petitioner Dr. Subhash Chandra Arya for transfer on the basis of request for the current transfer session 2025-26, then action will be taken on his option as per the relevant provisions of the Transfer Act, 2017."

2025:UHC:4226-DB

3. Learned counsel for the petitioner submits that

the writ petition could be disposed of by placing on

record the submission of the Director, Higher Education

to consider his case in the Transfer Session 2024-2025.

4. The submission of the learned counsel for the

petitioner is placed on record.

5. The learned Government Counsel would also

affirm that the case of the petitioner would be

considered during the upcoming transfer session.

6. The writ petition stands disposed of by placing

on record the submission made by learned State

Counsel on the instructions issued by the Director,

Higher Education dated 20.05.2025.

(G. NARENDAR, C. J.)

(ALOK MAHRA, J.) Dated: 21.05.2025 BS

BALWAN

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

2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe 2eacbf28cdf4ba7ce8640c5820, postalCode=263001,

T SINGH st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE 5185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.05.26 13:13:06 +05'30'