Uttarakhand High Court
WPSB/467/2026 of VIJAY SINGH Vs STATE OF UTTARAKHAND on 23 July 2026
HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY 23rd July, 2026 WRIT PETITION (S/B) NO.467 of 2026 Vijay Singh ------Petitioner Versus State of Uttarakhand and Others ----Respondents
UKHC010127352026
2026:UHC:6247-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA
AND
THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY
23rd July, 2026
WRIT PETITION (S/B) NO.467 of 2026
Vijay Singh
------Petitioner
Versus
State of Uttarakhand and Others ----Respondents Presence:- Mr. Shashank Pandey, learned counsel (through V.C.) with Mr. Akshay Pradhan, learned counsel for the petitioner.
Mr. Amrendra Pratap Singh, learned Additional Advocate General with Mr. B.P.S. Mer, learned Standing Counsel & Mr. M.S. Bisht, learned Brief Holder for the State.
------------------------------------------------------------------------------- JUDGMENT: (per Manoj Kumar Gupta, C.J.)
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1. The petitioner is aggrieved by order of his transfer dated 30.06.2026, whereby, he has been transferred from the post of Assistant Engineer (Civil) Irrigation Division, Haridwar (Sub-Division to Irrigation Division, New Tehri (Sub-Division 1).
2. The submission of learned counsel for the petitioner is that the petitioner has completed more than ten years of service in remote areas, therefore, he gets exempted from compulsory transfer under Clause (d)(ii) of Section 7 of the Transfer Act, 2017.
3. Learned State Counsel submits that the petitioner has completed more than ten years of posting
UKHC010127352026
2026:UHC:6247-DB during his service tenure at accessible areas, therefore, as per section 7(b), he was liable for compulsory transfer. However, he could not dispute that under 7(d)
(ii) exemption has been provided to compulsory transfer from accessible area to remote area to the employees, who have completed minimum ten years of service in remote areas.
4. In view of the above, we permit the petitioner to represent to the Competent Authority within one week along with photostat copy of the instant order and direct the Competent Authority to decide the representation of the petitioner within two weeks. Until the representation is decided, the impugned transfer order dated 30.06.2026 shall remain in abeyance and shall thereafter abide by the decision that would be taken by the Competent Authority on the representation of the petitioner.
5. Pending application, if any, also stand(s) disposed of.
(MANOJ KUMAR GUPTA, C.J.)
(SUBHASH UPADHYAY, J.) Dated: 23.07.2026 KKS/PP