2025:UHC:9459 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1731/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Shailendra Nauriyal, Advocate for the petitioner. 2. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand. 3. Petitioner is serving as Assistant Teacher, L.T. Grade. She was transferred from Government Higher Secondary School, Doiwala, District Dehradun to Government Inter College, Mori, District Uttarkashi, vide order dated 26.06.2023. 4. Petitioner challenged the said transfer in WPSS No. 1121 of 2023, in which an interim order was also granted in her favour. The representation made by petitioner was rejected by the Director, Secondary Education and in compliance of the rejection order, Regional Additional Director, Secondary Education vide order dated 26.08.2023 directed the petitioner to join the transferred place. The order dated 26.08.2023, passed by Regional Additional Director is under challenge in this writ petition. In her representation, petitioner had claimed that she is exempted from transfer in view of provision contained in Section 3(d) of the Transfer Act, as she had undergone open heart surgery in the year 2015. 5. The Director, Secondary Education has rejected petitioner’s representation on the ground that petitioner has not enclosed the Medical Certificate, which 2025:UHC:9459 may bring her case within Section 3(d) of the Transfer Act. Petitioner has enclosed the medical certificate issued by State Medical Board on 05.12.2019, which is enclosed as Annexure-2 to the writ petition. 6. Learned State Counsel submits that petitioner had served at sugam places for more than 26 years; while, she had rendered service in durgam place only for about 5 years, therefore, she was rightly transferred as per provisions of Transfer Act. He further submits that the medical certificate produced by petitioner was very old, which was not as per provisions of Transfer Act. 7. The writ petition is, accordingly, disposed of with liberty to petitioner to submit all documents, which support her claim of exemption under Section 3(d) of the Transfer Act. If petitioner makes representation along with all supporting documents to the Director, Secondary Education within three weeks from today, Director, Secondary Education shall revisit the matter and pass appropriate order, as per law, within six weeks thereafter. 8. For a period of nine weeks or till decision is taken on the representation of the petitioner, whichever is earlier, status quo qua petitioner’s posting shall be maintained. (Manoj Kumar Tiwari, J.) 28.10.2025 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=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403 d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6 ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.10.28 17:40:49 +05'30'