2025:UHC:9163 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1102/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Mahesh Chandra Bhatt, Advocate for the petitioner. 2. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand. 3. Petitioner has challenged his transfer made vide order dated 26.06.2023 on the ground that he is suffering from heart ailment and he has undergone bypass surgery. 4. Learned counsel for the petitioner submits that because of the medical condition suffered by petitioner he is exempted from transfer in view of provision contained in Section 3(d) of the Transfer Act, 2017. 5. Learned State Counsel submits that petitioner was transferred from Government Higher Secondary School, Devalchaur, Nainital to Government Inter College Chaurakot, District Champawat, vide order dated 26.06.2023. He further submits that since petitioner had served at sugam places for more than sixteen years, therefore, he was liable to be transferred to a durgam place, as per provisions of the Transfer Act. He further submits that the medical certificate produced by petitioner before the competent authority was issued in 2015, therefore, the same was not considered. 6. Learned counsel for the petitioner submits that petitioner was examined by 2025:UHC:9163 the State Medical Board in 2023 and the certificate issued by the State Medical Board has also been furnished to the competent authority. 7. Coordinate Bench vide order dated 11.07.2023 had granted interim order in favour of the petitioner, pursuant to which, he is still serving at the original place of posting. More than two years have gone by since passing of the interim order and no useful purpose would be served by keeping this petition pending. 8. The writ petition is, accordingly, disposed of with liberty to petitioner to make representation to the competent authority i.e. Additional Director, Secondary Education, Kumaon, Nainital regarding his transfer. If he makes such representation within two weeks from today, the competent authority shall look into the matter and take decision as per law, within six weeks thereafter. It shall be open to the petitioner to enclose all medical certificate, along with his representation. 9. For a period of eight weeks or till decision is taken in the matter by the competent authority, whichever is earlier, status quo qua petitioner’s posting shall be maintained. (Manoj Kumar Tiwari, J.) 14.10.2025 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=3be23325146e76a0642bdf4943fb9046f48 7df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819D A875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.10.15 09:49:05 +05'30'