The Uttarakhand High Court reaffirmed that, where a government servant challenges a transfer but joins the transferred post due to lack of interim relief, the writ petition is rendered infructuous. This judgment upholds existing precedent and serves as binding authority for similar government service transfer matters.
Summary
| Category | Data |
|---|---|
| Case Name | WPSS/1136/2023 of SITA DEVI Vs STATE OF UTTARAKHAND |
| CNR | UKHC010106532023 |
| 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 within State of Uttarakhand and persuasive for similarly placed cases |
| Questions of Law | Whether a writ petition challenging transfer becomes infructuous once the employee joins at the transferred place due to absence of interim relief. |
| Ratio Decidendi | The Court clarified that if a petitioner challenges a transfer order but, owing to the denial of interim relief, subsequently complies and joins the transferred post, the writ petition loses its cause of action and becomes infructuous. In such circumstances, the litigation cannot proceed. |
| Facts as Summarised by the Court | The petitioner, a government servant, contested a transfer order by filing a writ petition. Since interim relief was not granted, the petitioner joined the transferred post, leading to the admission that no effective relief could be granted by the Court, rendering the petition infructuous. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts and authorities within the State of Uttarakhand regarding government servant transfer matters |
| Persuasive For | Other High Courts and service law tribunals dealing with similar circumstances |
What’s New / What Lawyers Should Note
- The Court expressly clarified that writ petitions challenging transfers become infructuous if the petitioner joins the transferred post without interim protection.
- Attorneys should advise clients that, absent interim relief, compliance with the transfer forecloses judicial remedies on the original challenge.
- This authority can be cited to promptly dispose of pending transfer challenges where posting has already been joined.
Summary of Legal Reasoning
- The Court noted the petitioner’s admission that no interim order was granted and the transferred post was joined.
- On this admission, it was held that the writ petition had lost its effectiveness, and no substantial relief could now be granted by the Court.
- Accordingly, the petition was dismissed as infructuous, reflecting settled judicial practice in service law transfer matters.
Arguments by the Parties
Petitioner
- The Government servant was transferred and filed a writ petition challenging the transfer.
- Since the Court did not grant interim relief, the petitioner complied and joined the transferred post.
- In view of compliance with the transfer order, counsel for the petitioner submitted the writ petition is now infructuous.
Respondent (State)
- No independent arguments recorded in the judgment.
Factual Background
The petitioner, a government servant, challenged a transfer order by filing a writ petition in 2023. During the pendency of the petition, the Court did not grant any interim order staying the transfer. As a result, the petitioner joined at the transferred place. Subsequently, the petitioner’s counsel informed the Court that the matter had become infructuous.
Alert Indicators
- ✔ Precedent Followed – The judgment applies and reaffirms existing legal principles on infructuousness of transfer petitions in government service matters.