The Uttarakhand High Court reaffirms that if a government employee joins the place of transfer and no interim protection was granted, a writ petition challenging the transfer order is liable to be dismissed as infructuous. This decision upholds the existing precedent and is binding authority for future cases concerning challenged-but-complied-with transfer orders in public service employment matters.
Summary
| Category | Data |
|---|---|
| Case Name | WPSS/1135/2023 of HARISH KUMAR SINGH Vs STATE OF UTTARAKHAND |
| CNR | UKHC010106552023 |
| 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 in Uttarakhand; persuasive elsewhere |
| Type of Law | Service Law (Public Employment Transfers) |
| Questions of Law | Does a writ petition challenging a transfer become infructuous if the petitioner has already joined at the transferred place and no interim order was granted? |
| Ratio Decidendi |
Where a government servant impugns a transfer order but, in the absence of interim relief, actually joins the transferred place, the petition challenging such transfer ceases to be maintainable. The claim of ‘infructuousness’ applies because the challenge is rendered academic when the factual consequence (joining post) has already occurred and is accepted by the petitioner. Judicial time should not be spent on moot questions that have lost practical significance for the parties. |
| Facts as Summarised by the Court |
Petitioner (a government servant) was transferred and challenged the order through a writ petition. No interim relief was granted during proceedings. The petitioner subsequently joined at the transferred post. Counsel for the petitioner acknowledged this, and the petition was dismissed as infructuous. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Uttarakhand regarding transfer-related writ petitions |
What’s New / What Lawyers Should Note
- Reiterates that a service transfer challenge becomes infructuous if the employee acts by joining the transferred post after not securing an interim order.
- Counsel should promptly seek interim relief in transfer matters or risk the petition being rendered infructuous.
- Once the petitioner joins the post, courts are unlikely to entertain the original grievance.
Summary of Legal Reasoning
- The Court acknowledged the petitioner’s act of joining the transferred post, as stated by counsel.
- The absence of any interim order meant the transfer order was operational.
- Since compliance with the transfer order had occurred and the petitioner’s challenge was withdrawn on grounds of infructuousness, the Court exercised its discretion to dismiss the petition accordingly.
- No further rights or pronouncements were made, reflecting a focus on live controversies only.
Arguments by the Parties
Petitioner
- The challenge was initially to the transfer order.
- At the hearing, counsel admitted that after no interim order was granted, the petitioner joined the transferred post and therefore the writ petition had become infructuous.
State
No independent arguments were recorded in the judgment.
Factual Background
The petitioner, a government servant, was transferred from one posting to another. He filed a writ petition in 2023 challenging this transfer. No interim order suspending or staying the transfer was granted by the court during the pendency of the petition. Subsequently, the petitioner joined the transferred post, and his counsel conceded that the matter had become infructuous.
Statutory Analysis
- No specific statutory provisions were interpreted or analyzed in the judgment.
- The dismissal is based on principles governing writ maintainability and mootness in service law.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions were recorded in the judgment.
Procedural Innovations
No new procedural innovations or guidelines were set in this judgment.
Alert Indicators
- ✔ Precedent Followed – The Court has reaffirmed existing legal principle that challenges to transfer orders are rendered infructuous if the petitioner joins the transferred post with no interim protection.