Ajay Kumar Bisht vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers:-

“(A) To, issue a writ, order or direction in the nature of certiorari calling for the records and quash the impugned order dated 13.12.2024, passed by the respondent no. 2 (Annexure No. 9 to this writ petition).

(B) To, issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to consider the case of petitioner for change in his promotional place of posting from Haridwar to vacant post of Chief Administrative Officer, in the office of Chief Medical Officer, Udham Singh Nagar.

(C)To, issue any other writ order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case.

(D) Award the cost of the writ petition in favour of the petitioners.”

Heard Mr. M.S. Pal, learned Senior Advocate for the petitioner and Mr. Jayvardhan Kandpal, learned Standing Counsel for the respondents.

Mr. Jayvardhan Kandpal, Standing Counsel, has filed a copy of the Letter dated 28.05.2025, issued by Sunita Tamta, the In-charge Director General, Medical Health and Family Welfare Department, Dehradun, to the petitioner. The said copy is taken on record.

Mr. Jayvardhan Kandpal, Standing Counsel, submitted that according to the said Letter dated 28.05.2025, transfer session for 2025-26 is in progress. There are no vacancies for Chief Administrative Officer in Nainital and Udham Singh Nagar. If the petitioner submits documents related to his wife’s serious illness and incurable disease with the latest Certificate from State Medical Council, then it will be possible to consider his representation as per rules in the next transfer session.

Learned counsel for the parties have requested to decide the present Writ Petition (WPSS No. 14 of 2025) in terms of the said Letter dated 28.05.2025 directing the respondent no.2 to consider the petitioner’s transfer to the post of Chief Administrative Officer, Nainital / Udham Singh Nagar on the ground of serious illness and incurable disease of the petitioner’s wife.

On the request of learned counsel for the parties, the present writ petition is disposed of in terms of the said Letter dated 28.05.2025 directing the respondent no.2 to consider the petitioner’s transfer in accordance with the relevant rules whenever the said post becomes vacant.

It is made clear that this Court has not expressed any opinion on the merit of the case.