CLCON/53/2021
2021 Latest Caselaw 3948 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
      ON THE 29TH DAY OF SEPTEMBER, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       CONTEMPT PETITION No. 53 of 2021

BETWEEN:

Nirmala Samant.                                ..........Petitioner
      (There is no representation for the petitioner)

AND:
Mr. R.K. Kunwar & another.                     ...Respondents
      (By Mr. J.S. Bisht, Standing Counsel for the State of
      Uttarakhand)


                          JUDGMENT

Writ Court vide order dated 04.12.2020 had directed the respondent to consider petitioner's case for transfer to G.I.C. Halduchaur, Nainital, sympathetically within eight weeks. It was further directed that, till decision in the matter by the Competent Authority, one post of Assistant Teacher (L.T. Grade) Hindi shall be kept vacant in G.I.C. Halduchaur.

2. Today, on instructions, learned Standing Counsel has apprised the Court that Director, School Education had forwarded the matter to the State Government vide letter dated 26.06.2021. Thereafter, again on 11.08.2021, reminder was sent to the State Government and last reminder was sent on 03.09.2021.

3. Based on instructions, learned Standing Counsel submits that now the matter has to be placed before the Committee, headed by Chief Secretary, Government of Uttarakhand under Section 27 of Transfer Act, 2017.

4. Since the Director, School Education has sent the matter thrice to the State Government and the matter is pending before the State Government, therefore, this Contempt Petition is disposed of with a direction to Secretary, School Education Department, Government of Uttarakhand to take decision on the proposal sent by Director, School Education as early as possible; but, not later than six weeks' from the date of production of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Arpan