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2025:UHC:9794 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 9 4 / 2 0 2 3 Hon ’ble Man oj Ku m ar Tiw ar i, J.
There is no representation for the petitioner.
2. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand.
3. Petitioner is a teacher in a Government School. Vide order dated 26.06.2023, she was transferred from Government Girls Higher Secondary School, Himmatpur, Choumwal, Nainital to Government Girls Inter College, Parkot, Almora.
4. Learned State Counsel submits that petitioner was transferred to Almora, as she had served at sugam places for more than 21 years.
5. Petitioner has challenged her transfer mainly on the ground that her husband has undergone angioplasty, therefore, he comes within the definition of ‘serious patient’.
6. Learned State Counsel submits that the medical certificate submitted by the petitioner is an old one; while, as per the applicable rules, latest medical certificate has to be produced.
7. Law is well settled that judicial interference with orders of transfer has to be minimal. The decision whether to transfer an employee from one place to another or not has to be taken by the competent authority in the department. Even if petitioner’s husband is suffering
2025:UHC:9794 from some ailment, that aspect has to be examined by the competent authority.
8. Having regard to the facts of the case, this Court thinks that ends of justice would be met, if petitioner is permitted to approach the Director, Secondary Education, by making a representation.
9. Accordingly, the writ petition is
disposed of with liberty to petitioner to make representation to the Director, Secondary Education. If petitioner makes representation enclosing all latest medical certificates of her husband, within ten days from today, then the Director shall look into the matter and pass appropriate order, as per law, within eight weeks from date of presentation of such representation.
10. For a period of ten weeks or till decision is taken on petitioner’s representation, whichever is earlier, status quo as regards petitioner’s posting shall be maintained. However, it is made clear that if petitioner fails to make representation within ten days from today, then she shall not be entitled to protection of this
order and the appropriate authority at liberty to take such steps in law, as are deemed proper.
( Man oj Ku m ar Tiw ar i, J.)
06.11.2025
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=3be23325146e76a0642bdf4943fb9046f 487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A10381 9DA875643AF56D653D095C6ED9A86DAAB21C E5, cn=NAVEEN CHANDRA Date: 2025.11.06 17:33:55 +05'30'