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2025 DAILYLAW 8971 (UTT)

VINEETA PANDEY v. STATE OF UTTARAKHAND

WPSS/1054/2023 · 2025-10-13

Manoj Kumar Tiwari

Transfer Petitionbody2025

Judgment text

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2025:UHC:9077 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1054/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Nikhil Bhatt, Advocate, holding brief of Mr. Dushyant Mainali, Advocate for the petitioner. 2. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand. 3. Petitioner is serving as Assistant Teacher in a Government Primary School. She was transferred from Government Primary School, Himmatpur Malla, Block Haldwani, Nainital to Government Primary School, Thapli, Block Betalghat, within the same district, vide order dated 23.06.2023. Feeling aggrieved by her transfer, petitioner has filed this writ petition. 4. Learned counsel for the petitioner submits that Government Primary School, Himmatpur Malla, where petitioner served for ten long years, is categorised as durgam, however, petitioner has been transferred by treating the services rendered at Himmatpur Malla as a sugam place. 5. Coordinate Bench had granted interim order in favour of the petitioner, pursuant to which, she is still continuing at Himmatpur Malla. 6. Learned State Counsel submits that petitioner has served at sugam places for more 2025:UHC:9077 than sixteen years, therefore, she is liable to be transferred to a durgam place. Learned State Counsel, however, submits that the services rendered by petitioner at Himmatpur Malla have now been treated as having been rendered at durgam place by a notification issued by the State Government. 7. Since there is no clarity as regards the actual services rendered by petitioner at the durgam place, therefore, ends of justice would be met, if writ petition is disposed of with liberty to petitioner to make representation to the District Education Officer concerned. 8. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to District Education Officer (Elementary), Nainital. If petitioner makes representation regarding her transfer within two weeks from today, the District Education Officer concerned shall look into the matter and take decision, as per law, within six weeks thereafter. 9. For a period of eight weeks or till decision is taken, whichever is earlier, petitioner shall not be disturbed from her present place of posting. (Manoj Kumar Tiwari, J.) 13.10.2025 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=3be23325146e76a0642bdf4943fb9046f 487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819 DA875643AF56D653D095C6ED9A86DAAB21CE5 , cn=NAVEEN CHANDRA Date: 2025.10.14 10:23:30 +05'30'