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2025 DAILYLAW 14153 (UTT)

UMESH CHANDRA SAH v. STATE OF UTTARAKHAND

WPSS/1097/2023 · 2025-10-28

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9469 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 1097/2023 Hon’ble Manoj Kumar Tiwari, J. None for the petitioner. Mr. Narayan Datt, Standing Counsel, for the State. (2) Petitioner is serving as Assistant Teacher, LT Grade (General). He was transferred from GIC, Jyolikote, District Nainital to Govt. Higher Secondary School, Netrasalan, District Champawat, vide order dated 26.6.2023. Feeling aggrieved by his transfer, petitioner filed this writ petition. Coordinate Bench of this Court passed an interim order in favour of petitioner on 25.7.2023, pursuant to which petitioner is continuing at Jyolikote. (3) Petitioner contends that he has undergone angioplasty, therefore he falls within the definition of “serious patient”, as defined in Section 3(d) of the Transfer Act, 2017. (4) Learned State Counsel submits that since petitioner had served at sugam places for more than ten years, therefore, he was transferred to a durgam place as per provisions of Transfer Act. (5) Since this writ petition was filed in 2023 and petitioner is continuing at Jyolikote on the strength of interim order, therefore, no useful purpose would be served by keeping the writ petition pending. Writ petition is, accordingly, disposed of with a direction to Regional Additional Director, Education, Nainital to reconsider the case of petitioner in the light of his medical condition and pass 2025:UHC:9469 necessary order, as per law, within eight weeks from today. It shall be open to the petitioner to submit all necessary documents in support of his claim for exemption from transfer under Section 3(d) of the Transfer Act. For a period of eight weeks or till decision is taken by Regional Additional Director, whichever is earlier, petitioner shall not be relieved from his present place of posting. (Manoj Kumar Tiwari, J.) 28.10.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.10.29 10:03:58 +05'30' 2025:UHC:9469