Extracted from the PDF above. The PDF is authoritative.
2025:UHC:10072 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
W PSS/ 1 6 0 7 / 2 0 2 3 W it h W PSS/ 1 6 1 3 / 2 0 2 3 Hon ’ble Man oj Ku m ar Tiw ar i, J
1. Ms. Sudha Tamta, Advocate holding brief of Mr. Vinay Kumar and Mr. Anil Kumar Joshi, Advocates for the petitioners.
2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand.
3. Since common questions of fact and law are involved in both the petitions, therefore, these petitions are clubbed together and decided by this common
judgment. However, for the sake of brevity and convenience, facts of WPSS No. 1607 of 2023 alone are being considered and discussed.
4. Petitioner is posted as Assistant Teacher - L.T. Grade (Arts) in Government Girls Inter College, Barechhina, District Almora. Vide order dated 26.06.2023, she was transferred to Government Girls Inter College, Champawat.
5. Petitioner contends that Barechhina is categorised as Durgam; she has no problem in continuing at Barichhina, even though it is Durgam place and she is not interested to go to Champawat, even though it is categorised as Sugam.
6. Learned State Counsel submits that petitioner was transferred, as she has served at Durgam places of more than
2025:UHC:10072 seventeen years and she has not served at any Sugam place, even for a day. He refers to the provisions of Transfer Act, 2017 for contending that after long posting at Durgam places, every Government Servant earns the right to be transferred to a Sugam place.
7.
Learned counsel for the petitioner submits that similar issue was decided by this Court in WPSS No. 1226 of 2023, vide judgment dated 12.11.2025.
8. Learned State Counsel does not dispute the said submission.
9. Accordingly, the writ petitions are decided in terms of
order dated 12.11.2025 rendered in WPSS No. 1226 of 2023. Petitioners shall be at liberty to make representation(s) before the Competent Authority seeking permission to continue at the same place. If they make such representation(s) within two weeks from today, Competent Authority shall look into their request and pass appropriate order(s), as per law, within four weeks thereafter. For a period of six weeks or till decision is taken on petitioners’ representation(s), whichever is earlier, status quo qua petitioners’ posting shall be maintained.
( Man oj Ku m ar Tiw ar i, J)
14.11.2025 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=eacc6757ee7881e933ff8934f07477005aa85 f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D2 6F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.14 02:52:35 -08'00'
2025:UHC:10072