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2025 DAILYLAW 13832 (UTT)

PRABHA BISHT v. STATE OF UTTARAKHAND

WPSB/794/2024 · 2025-01-02

G Narendar, Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:18-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB No. 794 of 2024 Hon’ble G. Narendar, C.J. Hon’ble Manoj Kumar Tiwari, J. 1. Mr. S.S. Yadav, learned counsel for the petitioner. 2. Mr. P.C. Bisht, learned Additional Chief Standing Counsel assisted by Ms. Rajni Supyal, learned Brief Holder for the State of Uttarakhand/ respondent nos. 1 to 3. 3. Petitioner is serving as Assistant Professor. She was attached at M.B. Government Post Graduate College, Haldwani for some time. Her attachment has been cancelled vide order dated 30.09.2024. Thus, feeling aggrieved, petitioner has approached this Court, seeking following reliefs:- “i. Issue a writ, order or direction in the nature of the certiorari quashing the impugned relieving order/cancellation of attachment order dated 30.09.2024 of the petitioner (Annexure No. 11 to the writ petition) passed by respondent no. 3. ii. Issue a writ, order or direction in the nature of the mandamus directing the respondents to pass the regular transfer order of the petitioner from Shaheed Durgamal Government Post Graduate College, Doiwala, Dehradun to Motiram Baburam Post Graduate College, Haldwani, District Nainital.” 4. Perusal of the record reveals that petitioner stood relieved from Haldwani on 30.09.2024 itself, and she joined duties at Doiwala, Dehradun soon thereafter. After joining at Doiwala, without any protest, the relief claimed in prayer no. 1 cannot be 2025:UHC:18-DB granted. 5. Learned counsel for the petitioner submits that petitioner has served at durgam places for sufficiently long period of time, therefore, she has now earned a right to be transferred to a sugam place. 6. Be that as it may, since transfer season is over, learned State Counsel submits that petitioner’s claim for transfer can only be considered in the next transfer season, therefore, we dispose of the writ petition by directing the Competent Authority to examine, if petitioner can be transferred to some other place, as per the option given by her in the next season. (Manoj Kumar Tiwari, J.) (G. Narendar, C.J.) 02.01.2025 Navin/Mahinder NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c 0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED 9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.01.09 11:56:03 +05'30' 2025:UHC:18-DB