A High Court judgment confirming that a writ petition challenging the transfer of a government servant becomes infructuous if the petitioner joins the transferred post in the absence of interim relief, reaffirming existing legal positions and serving as binding authority in Uttarakhand service matters.
Summary
| Category | Data |
|---|---|
| Case Name | WPSS/1137/2023 of MANOJ KUMAR Vs STATE OF UTTARAKHAND |
| CNR | UKHC010106402023 |
| Date of Registration | 06-07-2023 |
| Decision Date | 30-10-2025 |
| Disposal Nature | DISMISSED AS INFRUCTUOUS |
| Judgment Author | HON’BLE MR. JUSTICE MANOJ KUMAR TIWARI |
| Court | High Court of Uttarakhand |
| Bench | Single Bench |
| Precedent Value | Binding within Uttarakhand High Court jurisdiction |
| Type of Law | Service Law |
| Questions of Law | Whether a writ petition against transfer becomes infructuous if the petitioner joins the transferred post after being denied interim relief. |
| Ratio Decidendi |
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| Facts as Summarised by the Court |
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Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Uttarakhand High Court’s jurisdiction |
| Persuasive For | Other High Courts in analogous service matters |
What’s New / What Lawyers Should Note
- Affirms that a writ petition against transfer becomes infructuous when the petitioner joins the transferred post after absence of interim relief.
- Useful precedent for State counsel and respondents seeking dismissal of similar petitions on grounds of infructuousness due to petitioner’s conduct.
- Petitioners should be aware that joining at the transferred post without interim protection generally forfeits their challenge to the transfer order.
Summary of Legal Reasoning
- The writ petition was filed by a government servant challenging his transfer.
- The petitioner’s counsel submitted that no interim order was granted, leading the petitioner to join at the transferred place.
- The Court accepted the submission that the petition had become infructuous as a result of the petitioner’s conduct.
- The writ petition was accordingly dismissed as infructuous.
Arguments by the Parties
Petitioner
- The petitioner, a government servant, was transferred and challenged the order by writ petition.
- Petitioner’s counsel submitted that since no interim order was granted, the petitioner joined the transferred post, and hence the writ petition is now infructuous.
Respondent/State
- No specific arguments by the State are recorded in the judgment.
Factual Background
The petitioner, serving as a government servant, was transferred from one place to another. He filed a writ petition in 2023 challenging this transfer order. The High Court did not grant any interim protection, and consequently the petitioner joined at the transferred location. His counsel thereafter submitted that the writ petition had become infructuous.
Alert Indicators
- ✔ Precedent Followed – Existing legal position regarding infructuousness of the petition upon joining at the transferred post was reaffirmed.