Subhash Chandra Arya v. State of Uttarakhand and Another

---------------------------------------------------------------------- Presence:- Mr. Akshit Gururani, learned counsel for the petitioner. Mr. J.S. Bisht, learned Standing Counsel for the State. --------------------------------------------------------------------- JUDGM EN T : ( p e r M r . G. N a r e n d a r C. J.) Heard learned counsel for t he pet it ioner and learned St anding Counsel for t he St at e.

2. We had sought inst ruct ions t he respondent s on t he basis of t he cont ent ions raised by t he pet it ioner. The involved t ransfer inaccessible t o accessible area and t he pet it ioner had point ed out t he cases of t hree ot hers sim ilarly sit uat ed like him , whose request have been grant ed and accom m odat ed in t he place of request . The Direct or, Higher Educat ion, aft er considering t he issue on m erit s, 1 has been pleased t o issue inst ruct ions t o t he Chief St anding Counsel dat ed 20.05.2025 and have observed in t he penult im at e paragraph as under: - t ransfer t ransferred from accessible “ 5. I n t he pet it ion, t he pet it ioner has m ade allegat ions regarding t he t ransfer of Mrs. Nir m ala Joshi, Ms. Rekha Bhat t and Dr. Kusum Lat a. I n t his regard, it is t o be inform ed t hat in t he session 2024- 24 t he t ransfer of Mrs. Nirm ala Joshi was grant ed t o t he inaccessible place from accessible area on t he basis of her t ot al accessible area service, which was 8 years 04 m ont hs 23 days, due t o t o which Mrs. Nirm ala Joshi has been Governm ent Post Graduat e College, Ranikhet t he t o cat egory of com pulsory inaccessible place in order of t he opt ion given by her. Ms. Rekha Bhat t was working in Governm ent Post Graduat e College, Bageshwar in t he Depart m ent of Hindi. As a result of t he est ablishm ent of Governm ent Post Graduat e College, Bageshwar as a cam pus of Soban Singh Jeena Universit y, t o Governm ent Post t ransferred Ms. Rekha Bhat t was Graduat e College, Ranikhet under t he provisions m ent ioned in paragraph 04 of Governm ent Order No. 421 dat ed 01.06.2023, in view of t he opt ions given as per her choice t o and vacant post s. Dr. Kusum Lat a sought Governm ent Post Graduat e College, Ranikhet as preference due t o t he ill healt h of her m ot her and for her t reat m ent in Ranikhet on t he basis of request under sect ion 13( 2) of t he 2017 Transfer Act . Kusum Lat a's service in an inaccessible area is 03 years 02 m ont hs 28 days. Therefore, on t he basis of request , Dr. Kusum Lat a was t ransferred t o Governm ent Post Graduat e College, Ranikhet . ( Annexure 02) t ransfer t he pet it ioner's Therefore, in com pliance wit h t he decision passed by t he Hon'ble Court on 06.08.2024 in Wr it Pet it ion No. 480 represent at ion has been ( S.B) / 2024, disposed of by t he Ut t arakhand Governm ent Office Mem o No. 701 dat ed 28.12.2024. The pet it ioner's t ot al inaccessible area service per iod for t he t ransfer year 2024- 25 is 03 years, 02 m ont hs and 27 days, due t o which he does not fall under t he 15 percent m axim um lim it of perm issible t he personnel by Governm ent Order No. 198739/ XXX( 2) / E- 33080 dat ed 14.03.2024, due t o which Dr. Subhash Chandra Arya was not t ransferred in t he t ransfer session 2024- 25. I f opt ions are present ed by t he pet it ioner Dr. Subhash Chandra Arya for t ransfer on t he basis of request for t he current t ransfer session 2025- 26, t hen act ion w ill be t aken on his opt ion as per t he relevant provisions of t he Transfer Act , 2017.” t ransfers prescribed 2

3. Learned counsel for t he pet it ioner subm it s t hat t he writ pet it ion could be disposed of by placing on record t he subm ission of t he Direct or, Higher Educat ion t o consider his case in t he Transfer Session 2024- 2025.

4. The subm ission of t he learned counsel for t he pet it ioner is placed on record.

5. The learned Governm ent Counsel would also affirm t hat t he case of t he pet it ioner would be considered during t he upcom ing t ransfer session.

6. The writ pet it ion st ands disposed of by placing record t he subm ission m ade by learned St at e Counsel on t he inst ruct ions issued by t he Direct or, Higher Educat ion dat ed 20.05.2025. ( G. N A REN D A R, C. J.) ( A LOK M A H RA , J.) Dat ed: 21.05.2025 BS BALWAN T SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe 2eacbf28cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE 5185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH 3