2025:UHC:10935 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1270/2024 Hon’ble Manoj Kumar Tiwari, J. Mr. Sandeep Tiwari, Advocate for the petitioner, through video conferencing. 2. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand. 3. Petitioner is serving as Assistant Teacher, Government Primary School. She was transferred from Government Senior Primary School, Pirumadara, Ramnagar, Nainital to another school in Block Okhalkanda, vide order dated 12.7.2024. 4. Petitioner challenged the said transfer on medical ground. According to the petitioner because of the medical condition suffered by petitioner, she comes under the definition of ‘serious patient’ as defined under Section 3(d) of Transfer Act, 2017, therefore, she is exempted from compulsory transfer. A certificate issued by State Medical Board is enclosed with the writ petition, which certifies that petitioner is suffering from brain tumour. 5. Coordinate Bench while entertaining the writ petition had passed an interim order on 18.7.2024, pursuant to which, petitioner is still serving at Pirumadara, Ramnagar, Nainital. 6. Since transfer is an incidence of service and the medical condition suffered by an employee has to be 2025:UHC:10935 considered by the employer while taking decision whether or not to transfer him/her. 7. In such view of the matter, no useful purpose would be served by keeping this writ petition, pending. 8. Accordingly, the writ petition is disposed of with liberty to the petitioner to make representation to the competent authority regarding her transfer. If she makes representation within two weeks from today, competent authority shall examine the matter and pass necessary order, as per law, within six weeks thereafter. For a period of eight weeks or till decision is taken in the matter by the competent authority, status quo qua petitioner’s posting shall be maintained. However, if petitioner fails to make representation within two weeks, then she shall not be entitled any protection of this order. (Manoj Kumar Tiwari, J.) 09.12.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb90 46f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103 819DA875643AF56D653D095C6ED9A86DAAB 21CE5, cn=NAVEEN CHANDRA Date: 2025.12.10 10:08:12 +05'30'