Pooja v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

WPSS/2196/2026

Pooja --Petitioner Versus State Of Uttarakhand --Respondent

Hon'ble Manoj Kumar Tiwari, J

¶1Mr. H.M. Bhatia, learned counsel for the petitioner.

¶2Mr. Maneesh Singh Bisht, learned Brief Holder for the State of Uttarakhand.

¶3Petitioner was appointed as Tax & Revenue Inspector in Palika Centralised Service on the recommendation of State Public Service Commission in 2015. She was promoted as Tax & Revenue Superintendent in the year 2025.

¶4According to petitioner, she was transferred as In-charge Executive Officer, Nagar Palika Parishad, Tanakpur vide order dated

19.01.2026; she reported for duties at Tanakpur and served there for more than twenty days, but her transfer to Tanakpur was thereafter cancelled and she was kept on forced waiting; on 17.07.2026 another order of transfer was passed, whereby she was posted as Executive Officer, Nagar Palika Parishad, Bazpur; petitioner joined duties at Bazpur, but within eight days of her joining, her transfer to Bazpur was also cancelled and now she has been transferred back to Haldwani as Tax & Revenue Superintendent, even though petitioner had served at Haldwani

for more than eight years out of total 11 years of service.

¶5By means of this writ petition, petitioner has sought the following reliefs:-

(I) Issue a writ order or direction in the nature of Certiorari and quash the impugned order dated

25.07.2026 (Annexure No. 2 Page 57) and Order dated 08.08.2026 (Annexure No. 3 Page 58 issued by Respondent No. 4) and permit the petitioner to perform her official duties as In-Charge Executive Officer at Nagar Palika Parishad, Bazpur in view of order dated

17.07.2026 (Annexure No. 4 Page 53).

¶6Learned counsel for the petitioner submits that persons, junior to petitioner on the post of Tax & Revenue Superintendent, are posted as Executive Officer in different Nagar Palika Parishads, and even persons, holding subordinate position like Safai Nirikshak and Mukhya Safai Nirikshak, have also been posted as Executive Officer. Thus, it is contended that by virtue of her status and seniority, petitioner is entitled to be posted as Executive Officer in some Nagar Palika.

¶7Learned counsel for the petitioner submits that petitioner is ready and willing to serve anywhere, even in the remotest Nagar Palika Parishad commensurate with her status.

¶8Learned State Counsel, however, submits that petitioner do not have a vested right to be posted as Executive Officer and he submits that since petitioner is holding the position of Tax & Revenue Superintendent, therefore, she is rightly posted on that post in Nagar Nigam Haldwani.

¶9This Court is not inclined to interfere with the order impugned in this writ petition. However, having regard to the submissions made by learned counsel for the petitioner, the writ petition is disposed of with liberty to petitioner to approach Secretary, Urban Development by making representation within three days. If petitioner makes representation, staking claim for posting as Executive Officer in a remote Nagar Palika Parishad, Secretary concerned shall take decision thereupon, as per law, within six weeks thereafter.

¶10It is made clear that petitioner shall give an undertaking in the form of an affidavit with her representation that she will serve as Executive Officer in any Nagar Palika Parishad, wherever it is situate, provided the post of Executive Officer is commensurate petitioner's status.

¶11It shall be open to the petitioner to make separate representation to Director, Urban Development claiming her unpaid salary from January 2026 onwards. If representation is made for that purpose, the same shall be dealt with, as per law, within four weeks thereafter.

(Manoj Kumar Tiwari, J)

17.08.2026 Aswal

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

2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802 a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C2 2DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.08.19 05:54:01 -07'00'