GIRISH CHANDRA VASHISTH v. MANAGING DIRECTOR GARHWAL MADAL VIKAS NIGAM LTD
Court: High Court of Uttarakhand
Bench: HON'BLE MR. JUSTICE MANOJ KUMAR TIWARI
Judgment date:
Case summary
High Court of Uttarakhand judgment dated 2025-11-14. GIRISH CHANDRA VASHISTH v. MANAGING DIRECTOR GARHWAL MADAL VIKAS NIGAM LTD. Read the judgment and case...
Judgment text
2025:UHC:10081 Of f i ce N o t e s, r e p o r t s, o r d e r s o r p r o ce e d i n g s SL. D a t e o r d i r e ct i o n s COU RT’ S OR JU D GE’ S ORD ERS N o . a n d Re g i s t r a r ’ s o r d e r w i t h Si g n a t u r e s W PSS 1 6 8 5 / 2 0 2 3 H o n ’ b l e M a n o j K u m a r Ti w a r i , J. Mr. Anil K. Bisht , Advocat e, for t he pet it ioner. Mr. Sandeep Kot hari, Advocat e, for t he GMVN. ( 2) Pet it ioner is serving as Group ‘C’ em ployee in Garhwal Mandal Vikas Nigam . While he was post ed as I ncharge, Tourist Rest House, Rudraprayag, an order was passed on 6. 9. 2023 by Managing Direct or, whereby he was t ransferred t o t he O/ o Regional Manager, GMVN, Ut t arkashi. Feeling aggrieved by t he t ransfer order dat ed 6. 9. 2023, pet it ioner approached t his Court . Coordinat e Bench passed an int erim order in favour of t he pet it ioner, pursuant t o which he is st ill serving at Rudraprayag.
( 3) Learned Counsel for t he pet it ioner subm it s t hat pet it ioner was t ransferred by t he t hen Managing Direct or for ext raneous reasons, in colourable exercise of powers. He subm it s t hat direct ions given by Full Bench of t his Court in t he case of Dam yant i Bisht v. St at e of Ut t arakhand & Ot hers w ere not followed while t ransferring t he pet it ioner on adm inist rat ive grounds. Various ot her cont ent ions have been raised by t he pet it ioner. ( 4) Since t ransfer is an incidence of service and t he service condit ions of pet it ioner are not going t o be alt ered by his t ransfer and he has already served for m ore t han t wo years at Rudraprayag on t he st rengt h of int erim order passed in his favour by t he coordinat e Bench, t herefore, 2025:UHC:10081 no useful purpose would be served by keeping t he writ pet it ion pending.
( 5) Writ pet it ion is, accordingly, disposed of wit h libert y t o t he pet it ioner t o approach t he Managing Direct or regarding his t ransfer t o a place of his choice. I f he m akes such represent at ion wit hin t wo weeks from t oday, Managing Direct or shall t ake decision on his request and pass necessary order, as per law, wit hin six weeks t hereaft er. For a period of eight weeks or t ill decision is t aken by t he Managing Direct or, whichever is earlier, st at us quo as regards pet it ioner ’s post ing shall be m aint ained. ( M a n o j K u m a r Ti w a r i , J. ) 1 4 . 1 1 . 2 0 2 5 Pr PRABODH KUMAR Digitally signed by PRABODH KUMARDN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2. 5. 4. 20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMARDate: 2025. 11. 14 17:45:09 +05'30' 2025:UHC:10081
Source: High Court of Uttarakhand. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.