2025:UHC:8415 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/909/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Bhagwat Mehra, Advocate for the petitioner. 2. Mr. Ganesh Dutt Kandpal, Deputy Advocate General for the State of Uttarakhand. 3. Petitioner was appointed as Assistant Teacher, Government Primary School in the year 1997. She was subsequently promoted as Headmistress in Government Primary School in 2014. According to her, she was selected for appointment as Headmistress in a Government Model School and after being selected, she was posted as Headmistress in Government Model Primary School, Padampur Sukhron, Block Dugadda, District Pauri Garhwa, vide order dated 04.10.2016. 4. Petitioner is aggrieved by transfer order dated 09.06.2023, whereby she was transferred to Government Primary School, Bhatwara, Block Bironkhal, District Pauri Garhwal. 5. It is contended by learned counsel for the petitioner that a teacher, who is appointed in Government Model School after due selection, cannot be transferred back to other schools and only a selected teacher can be posted in place of the petitioner in a Government Model School. 6. Coordinate Bench passed an interim order in favour of petitioner on 22.06.2023, pursuant to which petitioner is still continue at the earlier place where she was serving. 7. A counter affidavit has been filed by District Education Officer (Elementary), Pauri, in which stand taken is that there is one unified cadre of Assistant Teacher, Government 2025:UHC:8415 Primary Schools and the contention that teachers of Government Model Schools have a separate cadre is not correct and teachers serving in Model Schools or other Government Primary Schools have same service conditions. 8. Learned State Counsel submits that the selection is held to make a pool of teachers, who can then be posted in Government Model Schools. 9. There is no dispute that petitioner was selected for appointment in a Government Model School. There is no clarity regarding the privileges, which such teacher will have, upon selection. Although, Director, Basic Education has been added as a party, however, counter affidavit has not been filed by him. 10. Having regard to the aforesaid facts and reasons, this Court thinks that ends of justice would be met, if the Director, Basic Education is requested to examine the matter as per applicable policy. 11. Accordingly, the writ petition is disposed of with direction to the respondent no. 2 to re- consider the order of transfer passed in respect of petitioner in the light of applicable policy and pass appropriate order, as per law, within six weeks from the date of production of certified copy of this order. For a period of six weeks or till decision is taken, whichever is earlier, status quo as on today, as regards petitioner’s posting shall be maintained. (Manoj Kumar Tiwari, J.) 19.09.2025 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=3be23325146e76a0642bdf4943fb9046f487df006 da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA87564 3AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.09.20 11:37:26 +05'30'