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2025 DAILYLAW 8808 (UTT)

AMARJEET SINGH SAINI v. STATE OF UTTARAKHAND

WPSS/1010/2023 · 2025-10-08

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:8870 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1010/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Yogesh Pacholia, Advocate for the petitioner. 2. Mr. Narain Dutt, Standing Counsel for the State of Uttarakhand. 3. Mr. Shailendra Nauriyal, Advocate for the applicant in Impleadment Application (I.A. No. 2 of 2023). 4. Petitioner is serving as Assistant Teacher, L.T. Grade (Drawing) in Secondary Education Department of the State. He was transferred from Government Inter College, Badonwala, Dehradun to Government Inter College, Damdeval, Pokhda, District Pauri Garhwal, vide order dated 26.06.2023. Challenging his transfer, he filed this writ petition. 5. Coordinate Bench vide order dated 04.07.2023 had directed the competent authority to take decision on petitioner’s representation. Pursuant to the said order, the Director, Secondary Education passed an order on 08.07.2023, whereby the order of transfer passed in respect of petitioner was kept in abeyance, in view of the ailment suffered by petitioner’s wife. 6. Mr. Shailendra Nauriyal, learned counsel appearing for the applicant in the 2025:UHC:8870 Impleadment Application submits that his client had joined at Government Inter College, Badonwala, Dehradun, however, on account of the order passed by Director, Secondary Education on 08.07.2023, his client was temporarily transferred to Government Inter College, Kempty, Jonpur, Tehri Garhwal. He submits that since his client has been temporarily transferred to GIC, Kempty, Jonpur, Tehri Garhwal subject to the outcome of the pending writ petition, therefore, he submits that the matter be relegated back to the Director to take a decision afresh. 7. Having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to the Director, Secondary Education to re-visit the issue and take appropriate decision regarding transfer/posting of petitioner and Smt. Beena Sharma. This Court hopes and expects that necessary decision shall be taken by the Director within six weeks from the date of presentation of certified copy of this order. 8. Till then, status quo as regards posting of both the persons shall be maintained. (Manoj Kumar Tiwari, J.) 08.10.2025 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=3be23325146e76a0642bdf4943fb9046f487df 006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA87 5643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.10.08 19:07:04 +05'30'