Dismissed

Rajendra Kumar v. State of Uttarakhand

Uttarakhand HC4 Jul 2022WPSS/2213/2019

Case brief

AI extract

What is this about?

Petitioner, a Veterinary Pharmacist, challenged his transfer from Kalinagar to Doba vide order dated 24.06.2019. The court dismissed the writ petition as infructuous, holding that an unchallenged interim order remained valid and noting the transfer was on administrative grounds without malice or statutory violation.

What did the court decide?

The writ petition was dismissed as infructuous.

Rajendra Kumar Vs State of Uttarakhand — Service and Employment | Uttarakhand HC (2022)

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SL. No	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGES’S ORDERS
			WPSS No. 2213 of 2019 Hon’ble Man oj Ku m ar Tiw ar i, J.
			Mr. Bhagwat Mehra, Advocate for the petitioner.
			Mr. P.C. Bisht, Additional Chief
			Standing Counsel for the State of
			Uttarakhand/ respondent nos. 1 to 5.
			Heard learned counsel for the
			parties.
			Petitioner is a Veterinary
			Pharmacist. In this writ petition, he has challenged his transfer from Animal
			Husbandry Centre Kalinagar, Udham
			Singh Nagar to Animal Husbandry
			Centre, Doba, District Bageshwar, vide order dated 24.06.2019. A Co-ordinate Bench of this Court
			granted interim order in favour of
			petitioner on 20.09.2019. On the
			strength of said interim order,
			petitioner is still continuing at
			Kalinagar, Udham Singh Nagar. Transfer is an incidence of service
			and no Government Servant, holding a
			transferable post, can claim that he

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may be permitted to serve at the same
place, forever
It is settled position in law that
order of transfer can be challenged,
only if it is in violation of statutory
provision or it is actuated with malice.
It is not the case here. Learned counsel appearing for
petitioner points out that petitioner has
been transferred on administrative
ground, which may affect his future
prospects. The apprehension expressed by
learned counsel for petitioner is
unfounded, as transfer on
administrative ground, does not
prejudice career prospects of a
Government Servant. Since a period of three years have
gone by, therefore, this Court is not
inclined to go into the question of
validity of the impugned transfer order. Accordingly, writ petition is dismissed as infructuous. ( Man oj Ku m ar Tiw ar i, J.) 04.07.2022 Navin

Rajendra Kumar v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Rajendra Kumar v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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