Deep Chandra Budhlakoti v. State of Uttarakhand

Order dated

26.03.2024 and consequential order passed by Director, Ayurvedic and Unani Services on 24.04.2024.

¶4By the Government Order dated

26.03.2024, cadre of ministerial employees serving in Directorate and at the field level was unified in terms of Statutory Rules notified on 15.03.2022, which are known as "mRrjk[k.M vk;qosZfnd ,oa ;wukuh lsok;sa foHkkx ¼funs'kky; ,oa v/khuLFk dk;kZy;½ fyfid oxhZ; lsok ds dkfeZdksa dk ,dhdj.k fu;ekoyh] 2021". The Director thereafter passed consequential order dated 24.04.2024, whereby ministerial posts were allotted to different Offices.

¶5Learned State Counsel has produced in Court the aforesaid Rules. Perusal of Appendix-A to the said Rules indicates that earlier there were only four sanctioned posts of Chief Administrative Officer, one for the Directorate and three posts for Subordinate Offices, but after unification, the number of sanctioned

post of Chief Administrative Officer were increased to five.

¶6Learned State Counsel points out that after unification, ministerial posts were allotted to different Districts, depending upon the number of Ayurvedic Hospitals, situate there. He submits that after unification, five posts of Chief Administrative Officer, were sanctioned, out of which one was allotted to Directorate and other four posts were allotted to four different districts, where maximum number of Ayurvedic Hospitals were situate. He thus submits that the posts, against which petitioner was serving at Dehradun, was allotted to District Chamoli. He submits that since restructuring of posts is an executive function and the State Government has taken a decision to streamline the administration in Department, therefore, petitioner cannot have any grievance against restructuring.

¶7We find substance in the submission made by learned State Counsel. Since no prejudice is caused to the petitioner by restructuring; he was promoted as Chief Administrative Officer, which is a highest position in ministerial cadre, and his status has not been adversely affected and he continuous to hold the post of Chief Administrative Officer.

¶8The only grievance petitioner has raised is that he has been transferred from Dehradun to Chamoli along with post, which could not have been done, as petitioner has served at Durgam place for maximum period of time, therefore, he is entitled to be posted at Sugam place. It is further contended that petitioner has crossed the age limit of 55

years, therefore, he cannot be transferred at this stage.

¶9This Court is not impressed by submission made by learned counsel for the petitioner. This Court does not find any reason to interfere with restructuring or unification of post, which was done by the State Government pursuant to statutory Rules. However, the writ petition is disposed of with liberty to petitioner to make representation, regarding his transfer, to the Competent Authority. If he makes representation within one week from today, decision thereupon shall be taken within four weeks thereafter. For a period of five weeks or till decision is taken, whichever is earlier, status quo qua petitioner's posting shall be maintained.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)

11.06.2026

Aswal

NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=eacc6757ee7881e933ff8934f07477005aa8 5f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D2 6F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.06.12 00:26:55 -07'00'

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS WPSB/270/2024 Hon'ble Manoj Kumar Tiwari, J. Hon'ble Pankaj Purohit, J. Ms. Priyanka Agrawal, learned counsel for the petitioner. 2. Mr. Rajeev Singh Bisht, learned Additional C.S.C. for State of Uttarakhand. 3. Petitioner is serving as Chief Administrative Officer in Department of Ayurvedic and Unani Services. He has challenged Government