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2025 DAILYLAW 14231 (UTT)

ANAND SINGH LATWAL v. STATE OF UTTARAKHAND

WPSS/1804/2025 · 2025-11-06

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9778 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1804/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Anil K. Bisht, learned counsel for the petitioner. 2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner is serving as Headmaster in a Government Primary School at Mukteshwar-Ist. According to him, he is entitled for transfer to a Sugam place after serving at Durgam place for more than ten years. 4. By means of this writ petition, petitioner has sought the following reliefs:- (i) Issue a writ, order or direction in the nature of mandamus directing the respondents, particularly respondent no. 2 i.e. District Education Officer (Elementary Education), Nainital to conduct the counselling for transfer of the petitioner to the Sugam Place, considering the fact that he has already completed more than 10 years’ services in Durgam Places and is eligible for transfer in Sugam places, under the relevant provisions of Uttarakand Annual Transfer for Public Servant Act, 2017. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to decide the representation dated 24.10.2025 (annexure no. 4) of the petitioner and thereby consider his case for transfer. 5. Learned counsel for the petitioner submits that petitioner has made a representation to District Education Officer, who may be directed to take 2025:UHC:9778 decision thereupon. 6. Learned State Counsel, however, submits that the representation has been made jointly by four persons, therefore, such a representation cannot be decided. 7. Accordingly, the writ petition is disposed of with liberty to petitioner to make fresh representation to District Education Officer concerned within two weeks. If petitioner makes representation, claiming transfer to some other place, within stipulated time, District Education Officer shall take decision thereupon, as per law, within four months from the date of presentation of such representation. (Manoj Kumar Tiwari, J) 06.11.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a 3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22 DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.06 04:19:03 -08'00' 2025:UHC:9778