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2025 DAILYLAW 15841 (UTT)

GOVIND NATH v. STATE OF UTTARAKHAND

WPSS/1826/2025 · 2025-11-07

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9806 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 WPSS No. 1825 of 2025 With WPSS No. 1826 of 2025 WPSS No. 1827 of 2025 WPSS No. 1828 of 2025 WPSS No. 1829 of 2025 WPSS No. 1831 of 2025 WPSS No. 1832 of 2025 WPSS No. 1833 of 2025 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Vikas Pande, learned counsel for the petitioners. 2. Mr. Rajeev Singh Bisht, learned Additional C.S.C. for the State of Uttarakhand. 3. Since common questions of fact and law are involved in these 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. 1825 of 2025 alone are being considered and discussed. 4. Petitioner is serving as Headmistress in a Government Primary School in Okhalkanda Block of District Nainital. According to her, Block Okhalkanda is one of the remotest Blocks of District Nainital and petitioner has put in total service of 28 years in Durgam places, therefore, as per provisions of Transfer Act, 2017, she is eligible for transfer to a Sugam place. The grievance raised by petitioner is that her claim for transfer to a Sugam place has not been considered by the Competent Authority. 5. By means of this writ petition, 2025:UHC:9806 petitioner has sought the following reliefs: - (i) Issue a writ, order or direction in the nature of mandamus directing the respondents to direct the respondents to conduct counselling for the petitioner for considering her transfer to Sugam place. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the case of the petitioner for her transfer to Sugam place or to decide the representation sub mitted by the petitioner/ their association. 6. Learned State Counsel submits that petitioner has made representation jointly with other Headmasters serving in Durgam places. He submits that if petitioner has any grievance, then she should submit separate representation before the Competent Authority, staking claim for transfer to a Sugam place, which shall be decided as soon as possible. 7. The writ petitions are, accordingly, disposed of with liberty to petitioners to make separate representation(s) to District Education Officer (Elementary) concerned, within two weeks from today. If petitioners submit separate representation(s) within stipulated time, District Education Officer shall consider their claim for transfer to a Sugam place, as per law, and pass appropriate order, within three months from the date of presentation of certified copy of this order. ( Man oj Ku m ar Tiw ar i, J) 07.11.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A585 31726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.07 01:08:31 -08'00' 2025:UHC:9806