3061-DB I N TH E H I GH COURT OF UTTA RA K H v. …Pet it ioner St at e of Ut t arakhand and ot hers

: Sri Rahul Consul, learned counsel. Counsel for respondent nos. 1 t o 3. : Sri B.S. Parihar, learned St anding Counsel for t he St at e of Ut t arakhand. JUD GM EN T : ( p e r Sr i G. N a r e n d a r , C.J.) Heard t he learned counsel for t he pet it ioner Sri Rahul Consul, and t he learned St anding Counsel for t he St at e of Ut t arakhand Sri B.S. Parihar.

2. I t is t he case of t he pet it ioner t hat she j oined services of t he St at e, as a Medical Officer, on

02.04.2020; t hat she was post ed at Prim ary Healt h Cent re, Type- A, Chit ai Alm ora, Dist rict Alm ora; t hat t he pet it ioner was grant ed st udy leave for pursuing her P.G. Course from Veer Chandra Singh Garhwali Governm ent I nst it ut e of Medical Science and Research, Srinagar, Garhwal; t hat t he pet it ioner was required t o execut e a bond, undert aking t hat aft er com plet ion of t he P.G. 1 Course, she would render services wit h t he St at e Governm ent for a period of five years, and t hat she w ould j oin im m ediat ely at t he place of post ing, wit hout wait ing for t he result ; t hat during t he st udy leave, t he pet it ioner was paid st ipend; and t hat aft er com plet ion of her P.G. Course, she w as direct ed t o j oin at Prim ary Healt h Cent re, Type- A, Chit ai Alm ora on 16.11.2024, as a m akeshift arrangem ent , t o render services at Dist rict Hospit al, Alm ora unt il furt her orders.

3. I t is t he furt her case of t he pet it ioner t hat t he post of ENT Surgeon was lying vacant at Dist rict Hospit al, Alm ora, and t hat she being a specialist surgeon, she request ed t hat she m ay be appoint ed on t he said surgeon post , but t he respondent s, wit hout considering t he sam e, have sought t o t ransfer her t o Dist rict Hospit al, Pauri Garhwal, as a Specialist ENT Surgeon; t hat one ENT Surgeon, who is present ly post ed as General Surgeon at Com m unit y Healt h Cent re, Thalisain, Dist rict Pauri Garhwal was seeking t ransfer t o t he vacant post of ENT Surgeon at Dist rict Hospit al, Pauri Garhwal, and t hat his applicat ion has also been duly forwarded by t he Chief Medical Officer. I n t hat view of t he m at t er, it is t he case of t he pet it ioner t hat t he respondent s could consider 2 post ing her on t he post of ENT Surgeon at Dist rict Hospit al, Alm ora, and post t he ot her Surgeon t o Dist rict Hospit al, Pauri Garhwal.

4. The place of post ing cannot be dict at ed by a governm ent servant . The adm inist rat ion of t he services is in t he hands of t he St at e, and t he expert ise of t he St at e, in ut ilizing t he services of t he governm ent servant , in various post s, is t o be left t o t he adm inist rat ion, and it cannot be at t he dict at e of t he governm ent servant . Whet her t he St at e desires t o ut ilize t he services of t he pet it ioner in Dist rict Pauri Garhwal, or in Dist rict Alm ora, it is best left t o t he Com pet ent Aut horit y, who are adm it t edly t he expert s.

5. The order of t ransfer, ot herw ise being fair, and t he Rule not perm it t ing t he t ransfer in t he m anner, in which it is now being sought by t he pet it ioner, we do not find any ground, which calls int erference t he im pugned t ransfer order.

6. Be t hat as it m ay, t he learned counsel for t he pet it ioner would subm it t hat t he request of t ransfer is being m ade by t he pet it ioner as a m at t er of convenience, and not as a m at t er of right , and t hat t he pet it ioner has no reservat ion t o work at any place where she is given 3 post ing, but an opport unit y m ay be given t o t he pet it ioner t o m ake a request t o t he aut horit ies t o consider her request , and t he request of t he ot her ENT Surgeon sym pat het ically.

7. We have asked t he learned counsel, as t o whet her t he pet it ioner would report t o dut y wit hin a week from t oday, t o which learned counsel would answer in t he affirm at ive, and would subm it t hat t he pet it ioner would j oin dut y at Dist rict Hospit al, Pauri Garhwal wit hin a week, and t hereaft er m ake a represent at ion.

8. The subm ission of t he learned counsel is placed on record. The Writ Pet it ion is disposed of, wit h a direct ion t o t he respondent s t o consider represent at ion m ade by t he pet it ioner for post ing her at Dist rict Hospit al, Alm ora, if t he sam e is perm issible, and subj ect t o t he condit ion t hat t he pet it ioner shall first report t o dut y at Dist rict Hospit al, Pauri Garhwal, and, t hereaft er t he pet it ioner is perm it t ed t o m ake a represent at ion for considerat ion of her request t o be post ed at Dist rict Hospit al, Alm ora. I n t he event , t he pet it ioner does not j oin dut ies at Dist rict Hospit al, Paur i Garhwal, t he pet it ioner shall not be ent it led t o m ake a 4 request , and if any such request is m ade, t he sam e shall be rej ect ed.

9. The Writ Pet it ion st ands ordered accordingly. There shall be no order as t o cost s. As a sequel t heret o, t he m iscellaneous pet it ions, if any pending, shall st and closed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ G. N A REN D A R, C.J. _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK M A H RA , J. Dt : 25 t h April, 2025 Rahul DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf4c848741983ed8c39e414 5cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FCAD15C390A1AAD7B39857D 2540AE4C28A4898, cn=RAHUL PRAJAPATI 5