WPSS/1908/2024
2026 Latest Caselaw 967 UK

Uttarakhand High Court

WPSS/1908/2024 on 12 February, 2026

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                     2026:UHC:822
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions              COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
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                               WPSS/1908/2024
                               Hon'ble Manoj Kumar Tiwari, J
                               1.

Mr. Shobhit Joshi, learned counsel for the petitioner.

2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand.

3. Petitioner was serving as Junior Clerk in Ayurved Department. He was promoted to the post of Senior Clerk, vide order dated 31.07.2024 passed by Director, Ayurvedic & Unani Services. By the said order, petitioner was given posting in the Office of District Ayurvedic & Unani Officer, Chamoli, where he was earlier serving.

4. Petitioner contends that the post of Senior Clerk was not substantively vacant in the said office on the date of his promotion and petitioner should have been transferred on promotion to some other place against the substantive vacancy.

5. Learned State Counsel, however, submits that the writ petition is misconceived, as the petitioner has been given all benefits, which are available to a Government Servant upon his promotion. He further submits that petitioner has served at Sugam places for more than 33 years and he has served at Durgam places only for 9 months, and the sole purpose in filing this writ petition is to get a transfer to some Sugam place, e.g., Dehradun or Haridwar.

2026:UHC:822

6. This Court does not find any reason to interfere with the impugned transfer order. Petitioner has been promoted, and while promoting him, he was posted at the place where he was earlier serving. No Government servant can dictate terms to the employer to post him at a particular place. Petitioner will be transferred to a Sugam place as and when his turn comes as per the Transfer Policy. Thus, there is no scope for interference in the matter.

7. Accordingly, writ petition fails and is dismissed.

(Manoj Kumar Tiwari, J) 12.02.2026 Aswal NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT

SINGH OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08 b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DAC F4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL

ASWAL Date: 2026.02.12 03:44:15 -08'00'