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2026 DAILYLAW 1889 (UTT)

MANSI v. STATE OF UTTARAKHAND

WPSS/939/2026 · 2026-04-02

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:2353 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS No. 936 of 2026 With WPSS No. 939 of 2026 WPSS No. 941 of 2026 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Aditya Singh, learned counsel for the petitioners. 2. Mr. K.N. Joshi, learned Deputy Advocate General for the State of Uttarakhand. 3. Since the issue involved in these petitions is identical, therefore, these are being heard and decided together by this common judgment. However, for brevity, facts of WPSS No. 936 of 2026 alone are being considered and discussed here. 4. Petitioner was appointed as Assistant Teacher (Science) in a Government Primary School in District Chamoli on 04.10.2024 and she was put on probation for two years. She made an application for mutual transfer on 26.05.2025, wherein she requested that she be transferred to Kashipur, where she belongs. The request made by petitioner was turned down on the ground that her application is not complete. 5. Learned counsel for the petitioner submits that petitioner is aggrieved by letter dated 31.01.2026 issued by Director General, School Education, whereby a direction has been issued to identify recently appointed teachers who have sought transfer prior to completion of the period of probation. 2026:UHC:2353 6. Perusal of said letter issued by Director General indicates that due to request for transfer made by recently appointed teachers, unnecessary hindrance is being caused in departmental work, and further that such request is in violation of the Conduct Rules. 7. Learned counsel for the petitioner has also referred to letter dated 19.02.2026 issued by Director, Elementary Education to District Education Officers of various Districts, whereby instruction has been issued to identify teachers, who have made request for transfer before completing probation period and also to take necessary action against such teachers. 8. Learned State Counsel, however, submits that petitioner does not have any locus standi to challenge inter departmental letters; no prejudice is caused to petitioner by inter departmental letters dated 31.01.2026 & 19.02.2026. He submits that petitioner can approach this Court only when some disciplinary action is taken against him or some punishment is imposed, but nothing of the sort has happened as yet; therefore, merely because teachers who made request for transfer before completing probation period are being identified does not give any cause of action to the petitioners to approach this Court. 9. This Court finds substance in the submission made by learned State Counsel. Since no legal injury has been caused to the petitioners by letter dated 31.01.2026 and 19.02.2026, therefore, 2026:UHC:2353 this Court does not find any reason to entertain the challenge thrown to the inter departmental letters issued by Director General, School Education and Director, School Education. 10. The writ petitions are, accordingly, dismissed as premature with liberty to petitioner to approach this Court as and when cause of action arises. (Manoj Kumar Tiwari, J) 02.04.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a 08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DA CF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.04.02 07:02:02 -07'00'