Does a Writ Petition Challenging Transfer Become Infructuous if the Petitioner Joins at the Transferred Place?

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
  • Where a government servant, having challenged a transfer order, voluntarily joins at the transferred post after not obtaining interim relief, the petition questioning the order becomes infructuous.
  • The petitioner’s own counsel submitted that due to lack of interim relief, joining was effected, thereby rendering further challenge academic.
  • The High Court accordingly dismissed the writ petition as infructuous.
Facts as Summarised by the Court
  • The petitioner, a government servant, was transferred.
  • The transfer order was challenged by writ petition.
  • No interim order was granted by the Court.
  • Subsequently, the petitioner joined the transferred post.
  • The learned counsel for the petitioner acknowledged this and stated the petition had become infructuous.

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.

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