Extracted from the PDF above. The PDF is authoritative.
2026:UHC:1063 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS/234/2025 Hon’ble Manoj Kumar Tiwari, J
1. Mr. D.S. Mehta, learned counsel for the petitioner.
2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand.
3. Mr. Anil K. Bisht, learned counsel for respondent no. 6.
4. Petitioner is serving as Lecturer (Political Science). He was transferred from Government Inter College, Dadoli, Pauri Garhwal to Government Inter College, Nagaukhet, Kalsi, Dehradun, vide order dated 26.07.2024. Pursuant to the said transfer, petitioner was relieved from Government Inter College, Dadoli, Pauri Garhwal and he joined duty at Government Inter College, Nagaukhet, Kalsi, Dehradun on 13.12.2024. The said transfer was, however, cancelled vide
order dated 20.12.2024 on the ground that it was made contrary to the directions issued by Division Bench of this Court vide
judgment dated 18.06.2018 rendered in WPPIL No. 164 of 2013.
5. Petitioner filed this writ petition, challenging the
order, whereby his transfer was cancelled. An interim order was granted in favour of petitioner on 28.02.2025, on the strength of which petitioner is still serving at Government Inter College, Nagaukhet, Kalsi, Dehradun, where he was transferred.
6.
Learned counsel for the petitioner submits that petitioner had served at
2026:UHC:1063 Durgam places for fourteen long years, therefore, he was entitled for transfer to a Sugam place, whereas petitioner was transferred to a Durgam place, therefore, the order of transfer passed in respect of petitioner could not have been cancelled. It is further contended that had petitioner been transferred to a plain area, then possibly the transfer of petitioner could be faulted.
7. Learned State Counsel, however, submits that the order of transfer had to be cancelled as it was in the teeth of the direction contained in para 22(i) of the
judgment dated 18.06.2018 passed in WPPIL No. 164 of 2013. He further submits that after transfer of petitioner from Government Inter College, Dadoli, Pauri Garhwal to Government Inter College, Nagaukhet, Kalsi, Dehradun, there was no regular Lecturer left at Pauri and the charge of Principal was also given to an Assistant Teacher L.T. Grade.
8. Mr. Anil K. Bisht, learned counsel appearing for respondent no. 6 submits that there were 49 students in the subject taught by the petitioner at Government Inter College, Dadoli, Pauri Garhwal and his transfer was made in the midsession, which disrupted their studies.
9. Mr. D.S. Mehta, learned counsel for the petitioner, however, points out that in place of petitioner, another Lecturer (Political Science) has been posted at Government Inter College, Dadoli, Pauri Garhwal. Thus, he submits that contention that the students in the college are without any regular Teacher is not correct.
2026:UHC:1063
10. Petitioner was transferred in 2024 and he is continuing to serve at Kalsi, where he was transferred, on the strength of interim order of this Court. Transfer is an incidence of service and judicial interference in transfer matters has to be minimal. Thus, no useful purpose would be served by keeping the writ petition pending for an indefinite period of time.
11. Having regard to the facts of the case, this Court thinks that ends of justice would be met, if petitioner is permitted to approach the Competent Authority by making a representation regarding his transfer.
12. The writ petition is, accordingly,
disposed of with liberty to petitioner to approach Director, School Education within two weeks from today. If he makes representation within the stipulated time, decision thereupon shall be taken, as per law, within six weeks thereafter. For a period of six weeks or till decision is taken, whichever is earlier, status quo qua petitioner’s posting shall be maintained.
(Manoj Kumar Tiwari, J)
18.02.2026 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08 b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF 4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.02.19 04:35:32 -08'00'
2026:UHC:1063