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2025:UHC:10771 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/ 2 0 6 3 / 2 0 2 5
Hon ’ble Alok Mah r a, J.
Mr. Balvinder Singh, learned counsel for the petitioner. 2. Mr. Rajeev Singh Bisht, Addl. C.S.C. along with Mr. Narain Dutt, Mr. N.K. Papnoi, Mr. D.K. Bankoti, learned Brief Holders for the State. 3. By means of the present petition filed under Article 226 of the Constitution of India, the petitioner has sought a writ in the nature of mandamus directing the respondents to conduct counselling for considering his transfer and further to consider his case for transfer in accordance with law. 4. It is submitted that the petitioner is serving as an Assistant Teacher in a Government Primary School in Block Ramgarh, District Nainital. According to the petitioner, he was appointed as an Assistant Teacher in the year 2014 and, ever since his appointment, he has been serving in Block Ramgarh, which is categorized as Ati Durgam. It is further submitted that the petitioner was promoted as Head Master, Government Primary School, on 16.09.2022, but he has not been transferred to any other Block as per established practice. 5. It is contended that after serving for such a long period in Ramgarh, the petitioner has earned the right to be considered for transfer to a Sugam place, which right, however, is not being accorded due consideration. 6. Learned State Counsel submits that during the year 2025, no transfers could
2025:UHC:10771 be effected on account of an interim order passed by a Coordinate Bench of this Court. He, however, fairly submits that the petitioner’s claim for transfer to a Sugam place shall be considered as per the provisions of the Transfer Act during the next transfer cycle. 7.
Be that as it may, since the transfer of a Government servant is governed by the Transfer Act and, according to the petitioner, he has earned a right to be considered for transfer to a Sugam place, the writ petition is disposed of with a direction to the competent authority to consider the petitioner’s claim for transfer strictly in accordance with the relevant legislation, within a period of three months from the date of presentation of a certified copy of this order. [
( Alok Mahr a, J.)
03.12.2025 Mamta
2025:UHC:10771