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2025 DAILYLAW 20 (UTT)

PRABHA BISHT v. DR RANJEET SINHA

CLCON/561/2025 · 2026-01-08

Ravindra Maithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS D/61 CLCON No.561 of 2025 Hon’ble Ravindra Maithani, J. Mr. S.S. Yadav, Advocate for the petitioner. Mr. Devesh Ghildiyal, Brief Holder for the State. The petitioner has brought to the notice of the Court that the order dated 02.01.2025, passed in WPSB No.794 of 2024 (“the first petition”) has been wilfully disobeyed by the respondents. On 02.01.2025, this Court in the first petition passed the following order:- “Be that as it may, since transfer season is over, learned State Counsel submits that petitioner’s claim for transfer can only be considered in the next transfer season, therefore, we dispose of the writ petition by directing the Competent Authority to examine, if petitioner can be transferred to some other place, as per the option given by her in the next season.” Learned counsel for the petitioner would submit that, in fact, the transfer was to be done in the Transfer Session of 2025 and 26. He submits that they are extending the transfer season and they may take any action. Learned State Counsel submits that the Secretary, Government of Uttarakhand, has already taken decision and in the transfer season 2026-27, as and when the representation is received by the petitioner, it shall be considered as per Rules. Learned counsel for the petitioner submits that the respondents should take decision according to the proposal of transfer that was submitted to the Government by the Director. This Court in its order dated 02.01.2025 has not made any direction that on what basis the representation shall be decided. But, the fact remains that today the instructions dated 06.01.2026 were received by learned State Counsel, which has been tendered for perusal of the Court. Let it be taken on record. Para 8 of it, records that earlier a proposal for transfer of the petitioner from Doiwala College to Halduchaur College was received, but due to expiry of timeline or due to implementation of Model Code of Conduct for Panchayat elections, it could not be done. Undoubtedly, while considering the representation of the petitioner in the Transfer Sessions 2026-27, this fact may also be taken into consideration. Contempt petition stands disposed of accordingly. (Ravindra Maithani, J.) 08.01.2026 Sanjay