2025:UHC:10002 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1226/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Sandeep Kothari, 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 Inter College, Putgaon, Nainital to K.N.U. Government Inter College, Pithoragarh, vide order dated 26.06.2023. Feeling aggrieved by her transfer, petitioner filed this writ petition challenging the transfer order. 4. No interim order was passed in favour of the petitioner. 5. Learned State Counsel, however, submits that petitioner is permitted to continue at the same place where she was serving before passing of the transfer order. 6. Learned State Counsel concedes that petitioner has served at durgam place all through her service career. He submits that petitioner was transferred to a sugam place because of provisions of Transfer Act, which provides that after serving at durgam places for a certain period of time, one became entitled for transfer to a sugam place. 7. Learned counsel for the petitioner, however, submits that petitioner is not interested in going to a sugam place and 2025:UHC:10002 she wants to continue at the same place where she was earlier serving, even though the same is identified as durgam place. 8. This Court finds substance in the grievance raised by the petitioner. If petitioner is ready to give up her right of claiming transfer to a sugam place, even though she has earned such right after putting in sufficiently long period of service at durgam places, then petitioner cannot be compelled to serve at a sugam place. Sugam and durgam are relative concepts and not absolute one. A place, which may be durgam for one person can be sugam for another. If petitioner wants to continue at GIC Putgaon, Nainital, then unless there is something very serious against the petitioner, then she should be permitted to continue there. 9. The writ petition is, accordingly, disposed of with liberty to the petitioner to make representation before the competent authority seeking permission to continue at the same place. If she makes such representation within two weeks from today, competent authority shall look into her request and pass appropriate order, as per law, within four weeks thereafter. For a period of six weeks or till decision is taken on petitioner’s representation, whichever is earlier, status quo qua petitioner’s posting shall be maintained. (Manoj Kumar Tiwari, J.) 12.11.2025 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=3be23325146e76a0642bdf4943fb9046f48 7df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819D A875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.13 09:59:54 +05'30'