WPSS/1538/2022
2022 Latest Caselaw 2436 UK

Citation : 2022 Latest Caselaw 2436 UK
Judgement Date : 3 August, 2022

Uttarakhand High Court

WPSS/1538/2022 on 3 August, 2022

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                      COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPSS No.1538 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Ravi Babulkar, Advocate for the petitioner.

Mr. P.C. Bisht, Additional C.S.C. with Mr. V.S. Rawat, Brief Holder for the State of Uttarakhand.

Heard learned counsel for the parties.

Petitioner is serving as Assistant Teacher in a Government Primary School. She has been transferred from an urban area to rural area of District Dehradun.

This transfer has been challenged by the petitioner with the contention that Teachers of Government Primary Schools cannot be transferred from urban to rural or rural to urban areas. Such transfer, according to learned counsel for the petitioner, is not permissible under the Rules. Reliance has also been placed upon judgment dated 12.12.2013 rendered by Co-ordinate Bench of this Court in WPSS No. 1944 of 2013. Learned Additional C.S.C. points out that petitioner has represented the matter before the Competent Authority, who shall take decision thereupon at the earliest.

Accordingly, the writ petition is disposed of with a direction to District Education Officer (Elementary) to take decision on petitioner's representation dated 01.06.2022 (Annexure No. 6 to the writ petition) as early as possible; but, not later than three weeks' from the date of production of certified copy of the order. It shall be open to petitioner to supply copy of the representation through e-mail, with soft copy of this order on or before 05.08.2022.

For a period of three weeks' or till decision on petitioner's representation, whichever is earlier, status quo, qua posting of petitioner shall be maintained.

Let a certified copy of this order be issued, within 24 hours.

(Manoj Kumar Tiwari, J.) 03.08.2022 Arpan