WPSS/868/2025
2026 Latest Caselaw 1460 UK

Uttarakhand High Court

WPSS/868/2025 on 24 February, 2026

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                     2026:UHC:1235
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                COURT'S OR JUDGE'S ORDERS
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                               WPSS/868/2025
                               Hon'ble Manoj Kumar Tiwari, J
                               1.    Mr. Abhishek Joshi, learned counsel
                               for the petitioner.

                               2.   Mr. Rajeev Singh Bisht, learned
                               Additional C.S.C. for the State of
                               Uttarakhand.

                               3.    Mr. Amit Tyagi, Advocate holding
                               brief of Mr. Neeraj Garg, learned counsel
                               for respondent no. 5 - UPNL.

4. According to petitioner, he was engaged through UPNL as Lab Assistant in Government Higher Secondary School, Malla Ramgarh, District Nainital, in the year 2015 and he has served in that capacity continuously for more than ten years. It is further his case that he was transferred from Government Higher Secondary School, Malla Ramgarh to Government Inter College, Haidakhan, District Nainital, vide order dated 06.07.2024, passed by Senior Regional Project Officer, UPNL, Haldwani, but he is not being relieved from Government Higher Secondary School, Malla Ramgarh.

5. The relief, sought in the writ petition, is extracted below:-

(i) To issue a writ order or direction in the nature of mandamus commanding respondent no. 3 to forthwith/immediately relieve the petitioner from his present place of posting in compliance/pursuance to the transfer order dated 06.07.2024.

6. Learned State Counsel submits that 2026:UHC:1235

since petitioner is outsourced employee, therefore, outsourcing agency has withdrawn the sponsorship of name of petitioner from Government Higher Secondary School, Malla Ramgarh and has sponsored his name for appointment in Government Inter College, Haidakhan, District Nainital. Thus, he submits that since petitioner is not a regular employee, therefore, he cannot be transferred like other Government Servants. He, however, submits that if petitioner has any grievance against his non-relieving, then he can make representation before the Competent Authority.

7. The writ petition is, accordingly, disposed of with liberty to petitioner to make representation before the Principal, Government Higher Secondary School, Malla Ramgarh, regarding his relieving. If he makes representation within one week from today, Principal shall take decision thereupon and pass necessary order, as per law, within three weeks thereafter.

(Manoj Kumar Tiwari, J) 24.02.2026 Aswal NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

SINGH 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9 802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F 5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ

ASWAL SINGH ASWAL Date: 2026.02.24 03:30:10 -08'00' 2026:UHC:1235