The High Court of Uttarakhand has clarified that when a transfer order under challenge is cancelled during the pendency of the writ petition, no useful purpose would be served by continuing with the litigation, and the petition is liable to be dismissed as infructuous. This decision upholds existing precedent and is binding on subordinate courts in service matters involving challenge to transfer orders.
Summary
| Category | Data |
|---|---|
| Case Name | WPSS/1122/2023 of MAMTA BALODI Vs STATE OF UTTARAKHAND |
| CNR | UKHC010106172023 |
| Date of Registration | 06-07-2023 |
| Decision Date | 27-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | HON’BLE MR. JUSTICE MANOJ KUMAR TIWARI |
| Court | High Court of Uttarakhand |
| Precedent Value | Binding authority for maintainability and continuation of petitions after cause of action ceases |
| Overrules / Affirms | Affirms the prevailing legal position regarding infructuous petitions |
| Type of Law | Service Law |
| Questions of Law | Whether a writ petition challenging a transfer order can be continued after the cancellation of that order |
| Ratio Decidendi | The writ petition was filed to challenge a transfer order. Since the impugned transfer order was subsequently cancelled by the State, and both sides confirmed this fact before the Court, there remained no live grievance for the petitioner. Therefore, the Court held that no useful purpose would be served by keeping the writ petition pending, and dismissed it as infructuous. |
| Facts as Summarised by the Court | The petitioner, an Assistant Teacher in LT Grade, challenged her transfer from Government Inter College, Ramnagar (Nainital) to Government Inter College, Mergaon (Almora) via a writ petition. During pendency of the petition, the transfer order was cancelled through an order dated 26.07.2023, which was acknowledged by both parties. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Uttarakhand |
| Persuasive For | Other High Courts and tribunals dealing with infructuous writ petitions |
| Follows | Follows established principles regarding maintainability and continuation of petitions after action ceases |
What’s New / What Lawyers Should Note
- Reaffirms that a writ petition challenging an administrative or service order does not survive if the order is cancelled during its pendency.
- Dismissal on grounds of having no useful purpose—lawyers should be prepared to address petition’s maintainability if the underlying grievance is redressed during litigation.
- Confers clarity on the procedural handling of similar future cases, reducing unnecessary judicial pendency.
Summary of Legal Reasoning
- The Court observed that since the petitioner’s original grievance (a transfer order) was no longer in existence due to its cancellation, there was no effective relief that could be granted.
- Both the petitioner and State Counsel confirmed the fact of the cancellation.
- Relying on this, the Court held it would serve no useful purpose to continue with the writ.
- Consequently, the petition was dismissed as infructuous.
Arguments by the Parties
Petitioner
- No separate argument presented after confirmation of the cancellation of the transfer order.
Respondent (State)
- Stated that the transfer order was cancelled vide order dated 26.07.2023.
Factual Background
The petitioner, serving as an Assistant Teacher (LT Grade) at Government Inter College, Ramnagar, District Nainital, was transferred to Government Inter College, Mergaon, District Almora, by order dated 26.06.2023. Aggrieved by this transfer, she filed a writ petition. During the pendency of the petition, the State cancelled the transfer order on 26.07.2023. Both counsels confirmed this before the High Court.
Statutory Analysis
No statutory provisions were specifically discussed or interpreted in the judgment.
Alert Indicators
- Precedent Followed – The decision affirms the existing legal principle that a petition becomes infructuous if the underlying order is cancelled or superseded during the pendency of the proceeding.