Can a Writ Petition Challenging a Transfer Order Continue After the Order is Cancelled?

When an impugned transfer order is cancelled during the pendency of a writ petition, the Court holds the petition becomes infructuous and dismisses it accordingly; this approach upheld existing procedural precedent and will guide future handling of such petitions in government service matters.

 

Summary

Category Data
Case Name WPSS/1138/2023 of GEETA RAUTELA Vs STATE OF UTTARAKHAND CNR UKHC010106422023
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
Precedent Value Binding on subordinate courts within Uttarakhand
Type of Law Service Law (Government Service – Transfer)
Questions of Law Whether a writ petition challenging a transfer order remains maintainable after the said order is cancelled during the pendency of proceedings.
Ratio Decidendi

The Court held that since the transfer order challenged by the petitioner was cancelled by the State during the pendency of the writ petition, the purpose of the litigation became redundant. Both parties acknowledged this development. Therefore, the writ petition was dismissed as infructuous, reaffirming that courts will not issue rulings on academic or non-existent disputes.

Facts as Summarised by the Court

Petitioner challenged a transfer order. After the petition was filed, the State cancelled the transfer order (dated 26.07.2023). Both the State and the petitioner agreed that the petition was rendered infructuous as a result.

Practical Impact

Category Impact
Binding On All subordinate courts in Uttarakhand
Persuasive For Other High Courts in India in similar factual scenarios

What’s New / What Lawyers Should Note

  • Reinforces that when the cause of action in a writ petition is removed by a subsequent government act (e.g., cancellation of challenged order), the petition should be dismissed as infructuous.
  • Lawyers should be vigilant to notify the court if relief sought becomes unavailable due to subsequent developments.
  • Demonstrates that both counsel and State can jointly acknowledge supervening events to expedite disposal.

Summary of Legal Reasoning

  • The Court noted that the only issue in the writ petition was the legality of a transfer order.
  • The learned State counsel informed the Court that the transfer order was cancelled after the petition was filed.
  • Counsel for the petitioner conceded that the writ petition had become infructuous as a result of the cancellation.
  • The Court applied the settled principle that courts do not adjudicate upon academic or redundant matters when the cause of action ceases to exist.
  • Based on these facts and concessions, the petition was dismissed as infructuous.

Arguments by the Parties

Petitioner

  • Conceded that the writ petition had become infructuous due to cancellation of the transfer order.

Respondent (State)

  • Informed the Court that the transfer order was cancelled vide order dated 26.07.2023.
  • Submitted that in view of the cancellation, the writ petition had become infructuous.

Factual Background

The petitioner filed a writ petition challenging an official transfer order issued against her. After the petition’s institution, the State cancelled the transfer order on 26.07.2023. Both parties appeared in court and jointly acknowledged that, in light of the cancellation, the writ petition no longer survived.

Statutory Analysis

No detailed statutory interpretation found in the judgment; the dismissal was based on procedural principles regarding maintainability and infructuous petitions.

Dissenting / Concurring Opinion Summary

No dissenting or concurring opinions recorded in the judgment.

Procedural Innovations

No new procedural rules or innovations were introduced or discussed in the judgment.

Alert Indicators

  • ✔ Precedent Followed – The Court reaffirmed the settled law that a writ petition is dismissed as infructuous if the impugned action is withdrawn or cancelled during its pendency.

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