UKHC010108102026 2026:UHC:5084-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY June 19, 2026 Writ Petition (S/B) No.371 of 2026 Dr. Ruchi Harish Arya ----Petitioner Versus State of Uttarakhand and Others ----Respondents ----------------------------------------------------------------- Presence:- Mr. K.P. Upadhyay, learned Senior Counsel assisted by Mr. Hemant Pant, learned counsel for the petitioner Mr. J.C. Pande, learned Standing Counsel for the State JUDGMENT : (per Mr. Manoj Kumar Gupta, C. J.) 1. Heard learned counsel for the parties. 2. The petitioner, who is an Assistant Professor (Education) and is presently posted at Government College, Haldwani Urban is aggrieved by order dated 09.06.2026, by which she has been transferred in the same capacity to Government P.G. College, Gopeshwar, Chamoli, at a remote place. 3. The case of the petitioner is that she is having 80% disability and when her name was included in the list of teachers, who were to be transferred in the annual transfer chain, she made a representation on 26.05.2026 to the Department to exempt her from transfer in view of Section 7(d)(iii) of the Uttarakhand Annual Transfer for Public Servants Act, 2017, however, without considering her representation, the impugned transfer order has 1 UKHC010108102026 2026:UHC:5084-DB been passed. 4. Learned State Counsel submits that petitioner has completed the prescribed period of posting at accessible place and, therefore, in the annual transfer chain, she has been rightly transferred. 5. Section 7(d)(iii) of the Act specifically provides for exemption of employees seriously ill/disabled from transfer in the annual transfer chain. The representation of the petitioner dated 26.05.2026 for exempting her from transfer has not been considered. 6. The writ petition is disposed of with direction to the Competent Authority to take decision on the representation of the petitioner dated 26.05.2026 and it is further provided that, until the decision is taken, the impugned order shall remain in abeyance. 7. Learned counsel for the petitioner as well as learned State Counsel shall ensure communication of the instant order of the Competent Authority within three days so that appropriate decision is taken on the representation. (MANOJ KUMAR GUPTA, C. J.) (SUBHASH UPADHYAY, J.) Dated: 19.06.2026 Rajni 2