Uttarakhand High Court
WPSB/440/2026 of MUNISH KUMAR Vs STATE OF UTTARAKHAND on 14 July 2026
HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY 14TH JULY, 2026 WRIT PETITION (S/B) NO. 440 OF 2026 Munish Kumar …...Petitioner. Versus State of Uttarakhand & others
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE THE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA
AND
HON’BLE SRI JUSTICE SUBHASH UPADHYAY
14TH JULY, 2026
WRIT PETITION (S/B) NO. 440 OF 2026
Munish Kumar
…...Petitioner.
Versus
State of Uttarakhand & others
….Respondents.
Counsel for the Petitioner
:
Mr. V.K. Kaparuwan and Mr. Mukesh
Kumar Kaparuwan, learned counsel.
Counsel for the State
:
Mr. P.S. Bisht, learned Chief Standing
Counsel with Mr. B.S. Parihar, learned
Additional Chief Standing Counsel and
Mr. Gajendra Tripathi, learned Standing
Counsel.
JUDGMENT :(per Mr. Manoj Kumar Gupta, C.J.)
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1. The present writ petition is directed against the Government Order dated 11.02.2026, issued by the Secretary, Government of Uttarakhand communicating to the Director, Tribal Welfare Department, the decision of the Government that it has granted approval to the proposal of amendment in the staffing pattern of ministerial cadre of the Tribal Welfare Department, Uttarakhand. He has also challenged the order of his transfer dated 30.06.2026.
2. As per the amendment made, now there does not exist any post of Chief Administrative Officer at the Directorate, Tribal Welfare, Uttarakhand, Dehradun and, therefore, the Government Order is being attacked, as it is alleged that thereby the petitioner has been deprived of his chance to be posted at the Directorate at Dehradun.
3. After restructuring of the staffing pattern, the petitioner has been transferred by order dated 30.06.2026 from Directorate, Tribal Welfare, Uttarakhand, Dehradun to Government Ashram Type Higher Secondary School, Gothi Chharchoom, District Pithoragarh.
4. According to the petitioner, the present place of posting is in a remote area. He submits that had the restructuring of staffing pattern been not carried out, the services already rendered by the petitioner in remote areas would have enured to his benefit and he would have been transferred to an accessible area.
5. As the transfer order is being attacked on the ground that as a result of restructuring, the post of Senior Administrative Officer of Directorate at Dehradun has been abolished, therefore, strictly speaking, the challenge is to the amended staffing pattern.
6. In our considered opinion, an employer has every right to carry out restructuring of the staffing pattern of a particular cadre to meet the contingencies of service, and no right is vested in any employee to challenge the staffing pattern.
7. In such view of the matter, we find no good ground to interfere with the Government Order dated 11.02.2026 making amendment in the staffing pattern and the consequential transfer order of the petitioner.
8. Accordingly, the writ petition is dismissed.
9. Pending application, if any, also stands disposed of.
MANOJ KUMAR GUPTA, C.J.
SUBHASH UPADHYAY, J. Dated: 14th July, 2026 NISHANT
NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc 00ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC6 3A055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2026.07.15 12:14:59 +05'30'