2025:UHC:9821 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 1 8 0 / 2 0 2 3 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. G.C. Lakhchaura, learned counsel for the petitioner. 2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner is serving as Assistant Teacher L.T. Grade (English). She was transferred from Government Higher Secondary School, Misserwala, Jaspur, District Udham Singh Nagar to Government Higher Secondary School, Luvakot, District Chmpawat, vide order dated 26.06.2023. Challenging her transfer, petitioner filed this writ petition. 4. Learned counsel for the petitioner submits that petitioner had opted for Government Inter College, Bhaunkhal, Block Salt, District Almora, which is a Durgam school; however, her option was not considered and she was transferred to District Champawat in another Durgam school. He further submits that petitioner had also requested for mutual transfer to Government Higher Secondary School, Panwadyokhan, Block Salt, District Almora, which however, was not considered. He further submits that petitioner’s husband is also serving as Lecturer (Economics) in Government Inter College, Totam, Block Salt, District Almora, therefore, petitioner is entitled for transfer to the same place, where her husband is posted. 2025:UHC:9821 5. Per contra, learned State Counsel submits that petitioner served at Jaspur and other sugam schools for more than 17 years, on the date of her transfer and she has not served at any Durgam school even for a single day. He further submits that school, for which petitioner had opted in Block Salt, is upgraded as Atal Utkarsh Vidyalaya, therefore, teachers serving in other Secondary Schools cannot be posted in the said school. He further submits that every teacher was required to indicate ten schools in order of preference where she/ he wanted to be transferred, however, instead of indicating ten schools, petitioner mentioned only one school in her option and she could not be posted in the said school, as it was upgraded as Atal Utkarsh Vidyalaya. 6. Every employer has inherent right to transfer its employees and judicial interference with order of transfer has to be minimal. Although in State of Uttarkhand, a Legislation dealing with Annual Transfer of Government Servants has been eneacted, however, as per provisions of said Act also, one becomes liable to be transferred to Durgam place, after serving at Sugam places for more than ten years. Thus, transfer order passed in respect of petitioner cannot be faulted. 7. Since petitioner has not served at Durgam places, even for a month, therefore, this Court do not find any reason to interfere with the impugned transfer order. 8. Learned counsel for the petitioner then submits that petitioner be permitted to make representation to the Competent 2025:UHC:9821 Authority. 9. The writ petition is, accordingly, disposed of with liberty to petitioner to make representation regarding her transfer to the Competent Authority. If she makes representation within three days from today, decision thereupon shall be taken within ten days thereafter. It should be open for the petitioner to submit representation through e-mail. For a period of two weeks or till decision is taken, whichever is earlier, status quo qua petitioner’s posting shall be maintained. ( 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 01:07:02 -08'00'