IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 1001 OF 2010 (S/S) Arun Kumar Joshi …………Petitioner. Versus State of Uttarakhand and others. ………Respondents. Present: Mr. C.S. Rawat, Advocate for the petitioner. Mr. Dinesh Gahtori, Standing Counsel for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. 1. Heard Mr. C.S. Rawat, Advocate for the petitioner and Mr. Dinesh Gahtori, Standing Counsel for the State of Uttarakhand. 2. The petitioner is an employee of State of Uttarakhand and is working as a Senior Assistant in NCC Department. He is aggrieved by order dated 20.09.2010 (Annexure 1 to the writ petition), whereby he has been transferred from Almora to Roorkee on promotion from Junior Assistant to Senior Assistant. 3. The song in the writ petition is that as per the standing instructions, in case a promotional post is available on which the present incumbent is working, he will not ordinarily be sent outside. The petitioner refers some letters, orders, etc. This argument of the petitioner is wholly misconceived. There is no such law, which has been shown by the petitioner that in case the posts are lying vacant, the promotion has to be made firstly where the incumbent is working at present and only when the promotional posts are not available there, he will be transferred outside. This argument of the learned counsel for the petitioner is wholly misconceived. There is no ground for interference in the order dated 20.9.2010, whereby the petitioner has been transferred from 77 UK Battalion NCC, Almora to 84 UK Bn. NCC Roorkee, District Haridwar. The instant writ petition is liable to be dismissed and is hereby dismissed. 4. Interim order, if any, is also vacated. 5. No order as to costs. (Sudhanshu Dhulia, J.) 3.1.2011 Rathour