High Court upholds statutory transfer norms over medical hardship claims, permitting only statutory representation—binding on subordinate courts
Summary
| Category | Data |
|---|---|
| Case Name | WPSS/1181/2025 of MAYANK KAUSHIK Vs STATE OF UTTARAKHAND |
| CNR | UKHC010107782025 |
| Date of Registration | 14-07-2025 |
| Decision Date | 25-08-2025 |
| Disposal Nature | DISPOSED |
| Judgment Author | Hon’ble Mr. Justice Manoj Kumar Tiwari |
| Court | High Court of Uttarakhand |
| Bench | Single-Judge Bench |
| Overrules / Affirms | Affirms validity of the transfer under the Uttarakhand Annual Transfer for Public Servants Act, 2017 |
| Type of Law | State Service / Administrative Law |
| Questions of Law |
|
| Ratio Decidendi | The Court held that the Uttarakhand Annual Transfer for Public Servants Act, 2017 mandates transfer of public servants who have served ten years in a Sugam place to a Durgam place without exception for medical conditions. It found that Pauri lies within 30 km of a government medical college, negating claims of inadequate medical care. Strict statutory compliance precluded judicial interference, though the petitioner was granted leave to file a fresh representation to the competent authority within a specified timeframe. |
| Facts as Summarised by the Court | The petitioner was appointed as Junior Assistant in the PWD, Dehradun on compassionate grounds on 28.01.2015 and served there for over ten years. By order dated 10.06.2025, he was transferred to the Regional Office, PWD Pauri, classified as Durgam. He suffers from heart disease (angioplasty in 2023) and challenged the transfer for lack of medical facilities; the State pointed to a Government Medical College 30 km away at Srinagar. |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Applied the mandatory transfer provisions of the Uttarakhand Annual Transfer for Public Servants Act, 2017 and assessed statutory classifications of Sugam and Durgam places. Evaluated the proximity of the nearest medical facility (Government Medical College, Srinagar). |
| Citations | 2025:UHC:7510 |
What’s New / What Lawyers Should Note
- High Court reaffirmed that mandatory transfer provisions under the Uttarakhand Annual Transfer for Public Servants Act, 2017 cannot be overridden on medical grounds if statutory criteria are satisfied.
- Availability of a government medical college within 30 km of the Durgam location negates claims of medical hardship.
- Challenges to transfers effected under the Act must proceed by way of the statutory representation mechanism, not writ petitions.
- Courts will not interfere with transfers made strictly in accordance with the statutory provisions.
Summary of Legal Reasoning
- The Uttarakhand Annual Transfer for Public Servants Act, 2017 requires transfer of any public servant who has served ten years in a Sugam (accessible) place to a Durgam (inaccessible) place.
- The Court examined the petitioner’s heart disease and noted that Pauri is only 30 km from Srinagar’s Government Medical College, satisfying medical care requirements.
- Finding full compliance with the statutory criteria, the Court held there was no ground for judicial interference in the transfer order.
- A limited remedy was granted: the petitioner may file a fresh representation to the competent authority by 29.08.2025, to be decided within ten days.
Arguments by the Parties
Petitioner
- Suffers from heart disease; underwent angioplasty in 2023.
- Claimed Pauri lacks adequate medical facilities for his condition.
State
- Under the Uttarakhand Annual Transfer for Public Servants Act, 2017, public servants who have served ten years in a Sugam place must be transferred to a Durgam place.
- Pauri is 30 km from Srinagar, which houses a Government Medical College, ensuring adequate medical care.
Factual Background
The petitioner was appointed as a Junior Assistant in the Public Works Department, Dehradun, on compassionate grounds on 28 January 2015 and served there continuously. By order dated 10 June 2025, he was transferred to the Regional Office, PWD Pauri, classified as a Durgam place under the Uttarakhand Annual Transfer for Public Servants Act, 2017. The petitioner challenged this transfer, citing his heart disease and the alleged lack of adequate medical facilities in Pauri. The State responded that Pauri is within 30 km of Srinagar’s Government Medical College. The High Court dismissed the writ petition but permitted the petitioner to make a representation to the competent authority by 29 August 2025.
Statutory Analysis
- The Uttarakhand Annual Transfer for Public Servants Act, 2017 mandates transfer of officials who have served ten years in a Sugam place to a Durgam place.
- Dehradun is classified as a Sugam place; Pauri is classified as a Durgam place.
- No statutory exceptions exist for medical hardship; the Court applied the Act’s provisions literally.
Alert Indicators
- ✔ Precedent Followed
Citations
- 2025:UHC:7510 (High Court of Uttarakhand)