2025:UHC:8817 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1024/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Niranjan Bhatt, Advocate for the petitioner. 2. Mr. Narain Dutt, Standing Counsel for the State of Uttarakhand / respondent nos. 1 to 4. 3. Petitioner is serving as Assistant Teacher, L.T. Grade in Government Inter College, Miyanwala, Doiwala, Dehradun since 2008. He was transferred to Government Inter College, Gangau, Thalisain, Pauri Garhwal, vide order dated 26.06.2023. 4. Challenging the said order of transfer, petitioner filed this writ petition. 5. Coordinate Bench granted interim order in favour of the petitioner on 11.07.2023, on the ground that petitioner’s wife suffers from physical disability to the extent of 80%, therefore, in view of provision contained in Uttarakhand Annual Transfer for Public Servants Act, 2017, petitioner comes under exempted category. 6. Learned State Counsel, however, submits that petitioner has served at sugam places, continuously for last more than seventeen years, therefore, he was due for transfer to a durgam place and his transfer has been made strictly as per provision of 2025:UHC:8817 Uttarakhand Annual Transfer for Public Servants Act, 2017. He further submits that persons with disability can also be transferred, but only to a sugam place, therefore, there is no legal impediment in transferring petitioner to a sugam place. He further submits that wife is not covered under exemption clause contained in Section 7(d) (iv) of the Transfer Act and only son and daughter are covered by the said provision. 7. Be that as it may, since petitioner’s wife is suffering from a physical disability, therefore the writ petition is disposed of with a direction to the Additional Director (Secondary Education), Pauri to consider as to whether petitioner can be given benefit of Section 3(e) of Uttarakhand Annual Transfer for Public Servants Act, 2017 and pass a reasoned order, within two months from date of production of certified copy of this order. If it is found that petitioner is not entitled to benefit of Section 3(e), then it shall be open to the competent authority to pass fresh order of transfer in respect of the petitioner. 8. For a period of two months or till decision is taken in the matter, whichever is earlier, status quo qua petitioner’s posting shall be maintained. (Manoj Kumar Tiwari, J.) 07.10.2025 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=3be23325146e76a0642bdf4943fb9046f487df006 da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA87564 3AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.10.07 17:28:10 +05'30'