2025:UHC:9076 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1062/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Ravi Babulkar, Advocate for the petitioner. 2. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand. 3. Petitioner is serving as Assistant Teacher, L.T. Grade (Mathematics). He was transferred from Government Inter College, Joshimanjhara, Kashipur, Udham Singh Nagar to Government Higher Secondary School, Kafda, Champawat, vide order dated 26.06.2023. 4. Feeling aggrieved by his transfer, petitioner filed this writ petition on the ground that Primary Section of Government Inter College, Joshimanjhara, Kashipur, Udham Singh Nagar is being treated as durgam for Primary School Teachers; while for Lecturers and L.T. Grade Teachers, serving in Secondary Section, the same school is being treated as sugam. 5. Learned State Counsel points out that as per the employees portal, maintained by Education Department, petitioner served at sugam places for sixteen years and six months; while service rendered by him in durgam places is only about two years. Thus, he contends that petitioner was transferred, strictly as per provisions of Transfer Act. 2025:UHC:9076 6. Learned counsel for the petitioner submits that coordinate Bench vide order dated 05.07.2023 directed the competent authority to take decision on petitioner’s representation, however, the competent authority rejected his representation, by completely overlooking the aforesaid aspect of the matter vide order dated 08.07.2023. The order dated 08.07.2023, passed by Director, Secondary Education, Uttarakhand on petitioner’s representation, is produced in Court, which is taken on record. 7. Learned State Counsel submits that since the cadre of Assistant Teacher, L.T. Grade is of Regional Level while that of Lecturers is of State Level, therefore, the same place can be categorised as durgam for primary school teachers and sugam for others. He further submits that sugam and durgam are not absolute, but relative concepts; the primary school teachers are liable to be transferred only within the district, therefore, the categorisation made in respect of Primary School Teachers cannot always be made applicable to Assistant Teacher, L.T. Grade or Lecturers who are transferred within the region/State. 8. Per contra, learned counsel for the petitioner submits that since the primary section of the same Intermediate College is being treated as durgam for primary school teachers, therefore, it cannot be treated as sugam for the petitioner, who is serving as Assistant Teacher, L.T. Grade. 2025:UHC:9076 9. Since pursuant to the interim order dated 24.07.2023, petitioner is still serving at GIC, Joshimanjhra, where he was serving earlier and petitioner’s transfer was made as per conditions of his service, therefore, the only issue, which falls for consideration is whether the same institution can be treated differently for different category of teachers. 10. Before deciding the said issue in this writ petition, this Court thinks that competent authority in the department be directed to apply its mind on the aforesaid aspect and take a considered decision as per law. 11. The writ petition is, accordingly, disposed of with a direction to the Director, Elementary Education to re-visit the aforesaid issue and pass a reasoned order, as per law, within eight weeks from the date of presentation of certified copy of this order. It goes without saying that the concerned Director shall decide the matter uninfluenced by the observation made in the earlier order dated 08.07.2023. 12. For a period of eight weeks or till decision is taken by the Director concerned, whichever is earlier, status quo qua petitioner’s posting shall be maintained. (Manoj Kumar Tiwari, J.) 13.10.2025 Navin