Prior service in a different cadre cannot count toward transfer eligibility in the new cadre.

The petitioner, a Senior Veterinary Officer, sought to have 2 years, 10 months and 9 days of service at Pashu Seva Kendra, Khadkatiya, Chaukhutiya, Almora, counted in his service history for transfer from a remote to an accessible area. The Director (Animal Husbandry) rejected his representation, reasoning that the Transfer Act, 2017 did not provide for counting service rendered in a different cadre. The petitioner challenged that decision and sought correction of his service history and consideration for future transfer eligibility

The State submitted that the petitioner had previously served as a Livestock Extension Officer, then obtained a B.V.Sc. & A.H. qualification through government sponsorship and entered the distinct Veterinary Officer cadre, in which his seniority was determined afresh.

1. Whether the petitioner could count service rendered in a remote area in his former Livestock Extension Officer cadre toward the “whole service period” for transfer eligibility in his Veterinary Officer cadre under the Transfer Act, 2017

2. Whether Section 7 of the Transfer Act, 2017 applied to the petitioner’s request for transfer from a remote area to an accessible area

Sections 7(b) and 11(b) of the Uttarakhand Annual Transfer of Public Servants Act, 2017 govern specified compulsory-transfer norms and refer to service in accessible or remote areas over an employee’s “whole service period”.

The Court construed “service rendered during whole service period” in Section 11(b) as service rendered in the same cadre; service in a previous cadre cannot be carried forward where the employee is inducted into a different cadre requiring a different or higher qualification. The Court also applied the principle that, upon induction into a different cadre, an employee cannot carry the “birth marks” of the former cadre.

It held that Section 7 concerns compulsory transfer from an accessible area to a remote area, not the reverse transfer sought here.

The petitioner’s earlier service was rendered as a Livestock Extension Officer, whereas he subsequently entered the distinct Veterinary Officer cadre after obtaining the required B.V.Sc. & A.H. qualification; his seniority in that cadre was also determined afresh. The Court therefore treated the earlier service as service in a different cadre and held that it could not be included in the petitioner’s Veterinary Officer service history for purposes of Section 11(b).

It further rejected reliance on Section 7 because that provision addresses compulsory transfers from accessible to remote areas, while the petitioner sought transfer from a remote to an accessible area.

Finding no basis to interfere with the Director’s order dated 5 August 2026, it dismissed the writ petition.