WPSS/894/2023
2025 Latest Caselaw 4437 UK

Uttarakhand High Court

WPSS/894/2023 on 18 September, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                         2025:UHC:8365
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                    COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSS/892/2023
                               With
                               WPSS/894/2023
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Shivam Raturi, Advocate holding brief of Mr. Shailendra Nauriyal, Advocate for the petitioner.

Mr. Narain Dutt, Standing Counsel for the State.

2. Since common questions of law and fact are involved in these petitions, therefore they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition No. 892 of 2023 (SS) alone are being discussed and considered.

3. Petitioner is serving as Instructor in fitter trade, in Government Industrial Training Institute (ITI). He was transferred from Government ITI Chamba (Tehri) to Government ITI (Uttarkashi), vide order dated 09.06.2023. Thus, feeling aggrieved, petitioner approached this Court and coordinate Bench of this Court passed an interim order dated 22.06.2023.

4. Learned counsel for petitioner submits that petitioner served in Government ITI Chamba (Tehri) for more than 10 years and since Government ITI Chamba was treated as durgam; but its category was changed to sugam in 2019, therefore, petitioner is entitled to the 2025:UHC:8365 benefit, which is available to other Government servants after rendering service in durgam place for 10 years.

5. The issue raised by petitioner can be more appropriately dealt with by departmental authorities. In such view of the matter, writ petition is disposed of by permitting petitioner to make representation within ten days. The competent authority shall examine the contention raised by petitioner on his representation and take decision, as per law, within two months thereafter.

6. For a period of three months or till the decision is taken by competent authority, whichever is earlier, status quo, qua petitioner's posting shall be maintained.

Manoj Kumar Tiwari, J.) 18.09.2025 Mahinder/

MAHINDER

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

2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca 7b8c2f031a92d1a18b08923c, postalCode=263001,

SINGH st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF 35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.20 12:49:56 +05'30'