2025:UHC:8959 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1037/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Jitendra Chaudhary, 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 Primary School in District Udham Singh Nagar. According to her, she had indicated ten schools, in order of preference, where she wanted to be transferred, however, her choice was not considered while passing the transfer order. 4. By means of this writ petition, petitioner has sought the following reliefs:- “a) Issue a writ, order or direction in the nature of Mandamus, directing and commanding the respondents to amend the impugned transfer list dated 15th June 2023 (ANNEXURE-5) suitably and add name of the petitioner therein by transferring her to a suitable school as per her choiced school which is nearest to the posting place of her husband as per section 13 (3) r/w 17 (1) (b) (iv) of Uttarakhand Annual Transfer of Public Servants Act 2017. b) Issue a writ, order or direction in the nature of Mandamus, commanding the respondents to take final decision by a speaking order upon the transfer application dated 10/05/2023 (Annexure-4) moved by the petitioner in accordance with law and accept her request for transfer to the nearest place of her husband's posting in view of provisions contained under section 3 (3) r/w 17 (1) (b) (iv) of Uttarakhand Annual Transfer of Public Servants Act 2017. c) Alternatively issue a writ, order or direction in the nature of Mandamus, commanding the respondents to take final 2025:UHC:8959 decision upon the representation dated 20/06/2023 (Annexure-8) moved by the petitioner by a speaking order in accordance with law and accept her request for transfer to the nearest place of her husband's posting in view of provisions contained under section 13 (3) r/w 17 (1) (b) (iv) of Uttarakhand Annual Transfer of Public Servants Act 2017.” 5. Learned counsel for the petitioner submits that since petitioner’s husband is also serving as teacher in a Government Primary School, therefore, as per spouse policy, she is entitled to be transferred to a school near the place of posting of her husband. 6. Learned State Counsel submits that petitioner should have approached the competent authority by making a representation instead of rushing to this Court. 7. The writ petition is, accordingly, disposed of by permitting petitioner to make representation regarding her transfer to the competent authority. If she makes such representation within ten days from today, the competent authority shall look into the matter and take appropriate decision as per law. (Manoj Kumar Tiwari, J.) 09.10.2025 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=3be23325146e76a0642bdf4943fb9046f487df00 6da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875 643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.10.10 10:52:32 +05'30'