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2025 DAILYLAW 7778 (UTT)

SHASHI v. STATE OF UTTARAKHAND

WPSS/836/2023 · 2025-09-16

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:8247 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/836/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Niranjan Bhatt, Advocate for the petitioner. 2. Mr. Narain Dutt, Standing Counsel for the State of Uttarakhand. 3. Petitioner is serving as Assistant Teacher in a Government Junior High School in District Tehri Garhwal. She has challenged her transfer made vide order dated 10.07.2022 from Government Junior High School Bhatoli, Jaunpur to Government Junior High Schoo, Laitoor, Jaunpur, both within District Tehri Garhwal. 4. Petitioner challenged the said order in WPSS No. 1317 of 2022, which was disposed of with a direction to the competent authority to look into petitioner’s representation. The representation made by the petitioner was rejected by District Education Officer, Tehri Garhwal vide order dated 18.05.2023. Thus, feeling aggrieved, petitioner has approached this Court. 5. Petitioner’s representation was rejected on the ground that the schools where petitioner remained posted are sugam, therefore as per the Transfer Act, she is liable to be transferred to a durgam place. 6. Learned State Counsel points out that petitioner is continuously serving in Government Junior High School, Bhatoli, 2025:UHC:8247 Jaunpur since 1999 and as per provisions of the Transfer Act, she has to be transferred to a durgam place, as Bhatoli is a sugam place. Thus, he submits that the challenge to the order of transfer, made by the petitioner, is without any substance. 7. This Court is not inclined to interfere with the transfer, especially when the transfer is made as per the applicable statute. There is no allegation of malice or ill-will against any person. As per the Transfer Act, 2017, petitioner became liable for transfer, after rendering continuous service at Bhatoli for more than twenty years. 8. For the aforesaid reason, the writ petition fails and is dismissed. It shall be open to the competent authority to pass a fresh order of transfer in respect of the petitioner. 9. Interim order dated 13.06.2023 stands vacated. (Manoj Kumar Tiwari, J.) 16.09.2025 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=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4 e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D 095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.09.16 18:44:36 +05'30'