Pet it ioner v. St at e of Ut t arakhand and anot her

: Mr. Yogesh Pacholia, Mr. Sagar Malara learned and Mr. Saurabh Budhori, counsel. : Mr. B.S. Parihar, lear ned Addit ional Chief St anding Counsel wit h Mr. J.S. Bisht , learned St anding Counsel for t he St at e. JUD GM EN T : ( p e r Sr i G. N a r e n d a r , C.J.) Pursuant t o our order dat ed 20.06.2025, t he Secret ary, Anim al Husbandry Depart m ent , Governm ent of Ut t arakhand, aft er int eract ion, has got filed a short count er affidavit t hrough t he Joint Secret ary of t he Depart m ent . The short - count er affidavit reads as under: - 1 That Anim al Husbandry list ed before “ 1. That t he deponent is present ly post ed as Joint Secret ary, Depart m ent , Governm ent of Ut t arakhand, Dehradun, and has been aut horized and deput ed t o file t his Count er t he Affidavit on behalf of respondent no. 1 present writ pet it ion, and as such, he is well conversant wit h t he fact s deposed t o below. True/ correct t yped version / copy of t he aut horizat ion let t er dat ed 21- 04- 2022 is being filed herewit h and m arked as Annexure No. 1 t o t his Affidavit . t he present Writ Pet it ion and ot her 2. connect ed writ pet it ions were t he Hon’ble Court on 20.06.2025 and t he deponent subm it t ed t hat he would fort hwit h const it ut e t he Medical Board and refer all t hese cases and obt ain a report and place it before t he Court alongwit h t heir affidavit . The deponent sought t wo week t im e for t he sam e. 3. That in t his regard it is hum bly subm it t ed t hat in t he present Writ Pet it ion bearing WPSB 229 of 2025, “ Dr. Ravi Shankar Jha Vs. St at e & Ors., in com pliance wit h t he direct ions of t his Hon’ble Court while t he deponent personally appeared t hrough t he Governm ent ’s Let t er No. 1134/ XV- 1/ 25/ 88322 t he dat ed 20.06.2025, a Secret ary, Medical Healt h and Direct or General, Medical Healt h and Fam ily Welfare, Ut t arakhand, t o const it ut e a special St at e Medical Dehradun Board for all t he Vet erinary Officers included in t he Eligibilit y List applying for exem pt ion from annual t ransfer on t he basis of healt h / disabilit y and t o m ake available t he Medical Cert ificat e of t heir illness / disabilit y t o t he Governm ent wit hin a week. True / correct t yped version / copy of t he Govt . Let t er dat ed 20.06.2025 is being annexed as Annexure No. 2 t o t his affidavit . That by Let t er No. 19P/ 8/ 1/ 2025/ T.C./ 17642 4. dat ed 23.06.2025 of Direct or General, Medical Healt h and Fam ily Welfare, Ut t arakhand, a special m eet ing of t he St at e Medical Council was called on 26.06.2025 t he Medical Exam inat ion of t he concerned Vet erinary Officers and in t he said let t er it has also been inform ed t hat t he Chief Medical Officer is t he com pet ent aut horit y for issuing disabilit y cert ificat e for disabilit y. True / correct t yped version / copy of t he Minut es of let t er was sent at Dehradun conferencing

20.06.2025, t o 2 That t he above St hana./ 2025- 26 in pursuance of is being annexed as

26.06.2025 Let t er No. Meet ing dat ed 23.06.2025 Annexure No. 3 t o t his affidavit . let t er of 5. Direct or General, Medical Healt h and Fam ily Welfare / Ut t arakhand, Dehradun, by Let t er No. 1641 St ha.One/ Annual dat ed 23.06.2025 of Direct or, Depart m ent of Anim al Husbandry, 16 Senior Vet erinary Officers were direct ed t o appear at t he St at e Medical Council, t heir Medical Dehradun / 1681 Exam inat ion St ha.1/ Va.St hana./ 2025- 26 dat ed 25.06.2025, Chief Vet erinary Officer, Nainit al / Chief Medical Officer, Nainit al as well as Dr. Raj iv Kum ar were also inform ed t o get t he disabilit y of Dr. Raj iv Kum ar, Senior Vet erinary Officer exam ined. True / correct t yped version / copy of t he Let t er dat ed 23.06.2025 and 25.06.2025 are collect ively being annexed as Annexure No. 4 t o t his affidavit . That in accordance wit h t he above inst ruct ions, 6. 14 Senior Vet erinary Officers got t heir Medical Exam inat ion done at t he St at e Medical Board on 26.06.2025. Aft er t he Medical Exam inat ion of t he above 14 Senior Vet erinary Officers, t he Medical Cert ificat es were sent t o t he Direct or, Depart m ent of Anim al Husbandry, Ut t arakhand t hrough t he Let t er No. Ra.Chiki.Pari.- 568/ 2025/ 5137 dat ed 26.06.2025 of t he Direct or General / Chairm an, St at e Medical Board, Ut t arakhand, Dehradun. True / correct t yped version / copy of t he Let t er dat ed 26.06.2025 is being annexed as Annexure No. 5 t o t his affidavit . That t he St at e Medical Board had issued a 7. cert ificat e t o t he following Senior Vet erinary Officers regarding t heir being covered under Sect ion 3( d) of t he Transfer Act 2017: - Sl. No. Nam e Place of Rem arks / Designat ion post ing 1 2 Dr. Pushkar Singh Hyanki, Deput y Chief Vet erinary Officer, Nainit al Mrigesh Dr. Chaudhary, Senior Vet erinary Officer. Transfer has not m ade Office- Chief Vet erinary Officer, Nainit al. Govt . Vet erinary Hospit al, Kichha, Udham Transfer I n Session 2025- 26 has been t ransferred in Direct orat e of 3 3 4 Sanj eev Dr. Kum ar Sharm a, Senior Vet erinary Officer. Ravi Jha, Dr. Shankar Senior Vet erinary Officer Singh Nagar. At t ached wit h Chief Vet erinary Officer, Udham Singh Nagar. Govt . Vet erinary Hospit al, Gadarpur, Udham Singh Nagar. Anim al Husbandry. Transfer has not m ade I n Transfer Session 2025- 26 has been t ransferred t o Vet erinary Hospit al, Narsan, Haridwar. applicat ion I t is subm it t ed t hat out of t he t ot al 14 Senior Vet erinary Officers present before t he St at e Medical Board, 10 Senior Vet erinary Officers have not been found covered under Sect ion 3( d) of t he Annual Transfer Act , 2017 ( from t he cat egory of serious illness) and Dr. Pankaj Kum ar Joshi, Deput y Chief Vet erinary Officer and Dr. Kavit a Dhim an, Senior Vet erinary Officer have not appeared for Medical Exam inat ion in t he St at e Medical Board. Dr. Pankaj Kum ar Joshi, Senior Vet erinary Officer has inform ed t hrough his applicat ion dat ed 24.06.2025 t hat in view of t he present healt h condit ion ( unable t o walk) , he cannot appear before t he St at e Medical Board and Dr. Kavit a Dhim an has inform ed t hrough regarding subm ission of applicat ion under Sect ion 13( 3) of t he Transfer Act 2017. True / correct t yped version / copy of t he Applicat ion dat ed 24.06.2025 of Dr. dat ed Pankaj Kum ar 23.06.2025 of Dr. Kavit a Dhim an are collect ively being annexed as Annexure No. 6 t o t his affidavit . That t he Let t er No. Disabled / 2025- 26/ 5175 8. dat ed 27.06.2025 of t he Chief Medical Officer, Nainit al has cert ified t he 45% Disabilit y Cert ificat e issued t o Dr. Raj iv Kum ar, Senior Vet erinary Officer. True / correct t yped version / copy of t he Let t er dat ed 27.06.2025 is being annexed as Annexure No. 7 t o t his affidavit . 9. That in com pliance wit h t he direct ions dat ed 20.06.2025 of t his Hon’ble Court , in t he m eet ing convened at t he Governm ent Level on 02.07.2025 and Applicat ion

23.06.2025 dat ed Joshi 4 and 03.07.2025, aft er due deliberat ion, it was decided t hat even t hough no lim it has been fixed for t ransfer by t he Personnel Depart m ent , Govt . of Ut t arakhand in t he current Transfer Session, but in t he int erest of depart m ent al work, t ransfer of 15 percent officers should be considered as in previous years. Therefore, in pursuance of t he decision t aken as above, cancelling t he Governm ent ’s Office Order No. 1060/ XV- 1/ 25/ 88322 dat ed 10.06.2025, as per t he provisions cont ained in t he Annual Transfer Act , 2017, in t he cont ext of depart m ent al requirem ent s, a new t ransfer list is being prepared for com pulsory t ransfer upt o 15 percent of t he eligible officers and Officers in relat ion suffering from serious illness are being exem pt ed from t ransfer as per t heir request on t he basis of Medical Exam inat ion Cert ificat e of t he St at e Medical Board. t he available vacancies. t o Sim ilarly, against t he said t ransfer order, WPSB No. 230 of 2025 and WPSB No. 229 of 2025 have been filed before t his Hon’ble Court by t he pet it ioner Dr. Gurpreet Singh and Dr. Ravishankar Jha respect ively. I n t he new t ransfer proposed list , Dr. Gurpreet Singh and Dr. Ravishankar Jha are not com ing under t he purview of com pulsory t ransfer. Also, WPSB No. 243 of 2025 filed before t his Hon’ble Court by t he pet it ioner Dr. Ram anayan Maurya, in t he new proposed t ransfer list , it is proposed t o t ransfer Dr. Ram anayan Maurya t o t he vacant post as per t he opt ion subm it t ed by him . 10. That 04 Senior Vet erinary Officers, who have t he found covered under Sect ion- 3( d) of Transfer Act 2017 by t he St at e Medical Board are being given work by t he depart m ent and t hese perform ing Senior depart m ent al work t he depart m ent favour of com pulsory is not ret irem ent of t hese Senior Vet erinary Officers. 11. That Honourable High Court is request ed t o grant t he perm ission of release of Proposed Transfer List prepared as per t he provisions of t he Annual Transfer Act 2017 and on t he basis of Governm ent Orders given by t he Personnel Depart m ent of Ut t arakhand Governm ent which is being annexed as Annexure No. 8 t o t his affidavit .” fait hfully. Vet erinary Officers Hence, 5

2. Except t he case of t wo Senior Vet erinary Officers- one Dr. Pankaj Kum ar Joshi and Dr. Kavit a Dhim an, rest have been exam ined by t he St at e Medical Board, and it is averred t hat t he St at e Medical Board has cert ified only t he cases of four officers, and as aforest at ed, t wo having not appeared, no cert ificat ion from t he St at e Medical Board has been issued.

3. The cont ent ion of Dr. Pankaj Kum ar Joshi t hat he cannot appear before t he St at e Medical Board because he is unable t o walk is food for som e serious t hought . I f he is unable t o walk, t o even at t end a m edical exam inat ion, t hen t he m illion dollar quest ion is as t o whet her he is really discharging his dut ies or not ? I f t he aforest at ed t wo persons are incapable of perform ing and discharging t heir dut ies, t hen it is for t he Depart m ent t o review t heir requirem ent . I t is unbelievable t hat a person, who is discharging dut ies is unable t o appear before t he St at e Medical Board. I t only fort ifies our suspicion t hat not all t he m edical cert ificat es t hat have been placed t o seek exem pt ion from t ransfer are unt aint ed.

4. I n t hat view, we direct t he Secret ary, Anim al Husbandry Depart m ent , Governm ent of Ut t arakhand t o proceed furt her wit h t he fresh t ransfer list in t he light of t he re- visit ed eligibilit y list . 6

5. Furt her in Paragraph No. 9 of t he short - count er affidavit dat ed 08.07.2025, it is averred by t he deponent t hat bot h t he pet it ioners- Dr. Gurpreet and Ravi Shankar Jha do not com e under t he purview of com pulsory ret irem ent and in t hat view, t he earlier proposals are not being effect ed and; t hat in view of t he opt ion given by Dr. Ram Nayan Maurya ( pet it ioner in WPSB No. 243 of 2025) , he is being t ransferred t o t he opt ed post .

6. I n view of t he above, t he Writ Pet it ion Nos. 229, 230 and 243 of 2025 do not call for any furt her orders.

7. Placing t he short - count er affidavit dat ed 08.07.2025 on record, t he Writ Pet it ion Nos. 229, 230 and 243 of 2025 st and disposed of in t erm s t hereof.

8. We appreciat e t he diligence & effort put in by Sri Dr B.V.R.C. Purushot t am , Secret ary, Anim al Husbandry Depart m ent , Governm ent of Ut t arakhand t o carry- out t he exercise and place t he correct ive m easures before t his Court in such a short period of t im e.

9. Aft er t he dict at ion of t he above order, learned counsel for t he pet it ioner in WPSB No. 243 of 2025 prays t hat an opport unit y m ay be given t o t he pet it ioner t o m ake a represent at ion and seek a post ing at a place nearer t o Kashipur, where his wife is current ly em ployed and post ed as a Senior Vet erinary Officer. 7

10. Reserving such libert y, Writ Pet it ion ( S/ B) No. 243 of 2025 is disposed of.

11. I n respect of Writ Pet it ion ( SB) No. 249 of 2025, learned counsel for t he pet it ioner subm it s t hat t he earlier t ransfer proposal has been wit hdrawn by t he Depart m ent and in t hat view, Writ Pet it ion ( SB) No. 249 of 2025 does not survive for considerat ion.

13. The subm ission is placed on record. Writ Pet it ion ( S/ B) No. 249 of 2025 is disposed of as having been rendered infruct uous.

14. There shall be no order as t o cost s. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ G. N A REN DA R, C.J. _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK M A H RA , J. Dt : 10 t h July, 2025 Rat hour PRAVINDR A SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3aeb1 097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC6179 B8E010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR 8