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2026 DAILYLAW 3442 (UTT)

GEETA RAWAT v. STATE OF UTTARAKHAND

WPSS/1008/2026 · 2026-04-17

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:2742 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 1008/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. S.K. Mandal and Mr. Sohan Singh Mehta, Counsel for the petitioner. Mr. K.N. Joshi, Deputy AG, for the State. (2) Petitioner is aggrieved by order dated 1.4.2026, passed by Deputy Education Officer, Kotabag, Nainital, pursuant to which her attachment in Government Primary School, Rooppur Chakaluwa, Kotabag, Nainital has been cancelled. It is not in dispute that petitioner was earlier serving as Assistant Teacher in Government Primary School, Jalna, Kotabag, Nainital and she was attached to another school, namely, Government Primary School, Rooppur Chakaluwa, vide order dated 28.3.2026. Petitioner contends that her attachment at Rooppur Chakaluwa could not have been cancelled merely within one month. (3) Learned State Counsel is right in submitting that petitioner was attached at Rooppur Chakaluwa because the school where she was earlier serving had teachers much in excess of the prescribed norms. He submits that attachment order in respect of petitioner has been cancelled in view of Government Order dated 7.8.2018 and the competent authority will now pass regular order of transfer in respect of the petitioner. (4) Petitioner holds a transferable post and transfer is an incidence of service, therefore, this Court is not inclined to interfere in the matter, especially when petitioner’s transfer has been made in administrative exigency, as per her conditions of service. Writ petition is, however, disposed of with liberty to the petitioner to make representation regarding her transfer. If she makes such 2026:UHC:2742 representation by 21.4.2026, decision thereupon shall be taken, as per law, within ten days thereafter. For a period of two weeks or till the decision is taken on petitioner’s representation, whichever is earlier, status quo qua petitioner’s posting shall be maintained. (Manoj Kumar Tiwari, J.) 17.4.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602 ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806A CCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.04.18 10:24:02 +05'30'