WPSS/1871/2019
2022 Latest Caselaw 1939 UK

                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. 1871 of 2019
                                  with
                                  WPSS No. 1872 of 2019
                                  Hon'ble Manoj Kumar Tiwari, J.

There is no representation for the petitioners.

Ms. Mamta Bisht Deputy Advocate General with Ms. Anjali Bhargava, Addl. C.S.C. for the State of Uttarakhand.

Since common questions of law and fact are involved in these writ petitions, therefore are being taken up together and are being decided by this common judgment. However, for the sake of brevity, facts of WPSS No. 1871 of 2019 are being considered.

Petitioner is serving as Assistant Teacher in a Government Primary School. She was transferred from Government Primary School, Jashodharpur, Dugadda to Government Primary School, Maroda, Thalisain within the same district, i.e. Pauri Garhwal vide order dated 25.06.2019.

Petitioner challenged the transfer order by filing Writ Petition (S/S) No. 1509 of 2019, which was disposed of on 04.07.2019 with a direction to the Competent Authority to take decision on petitioner's representation. Subsequently, petitioner's representation against her transfer was also rejected by Chief Education Officer, Pauri Garhwal, vide order dated 29.07.2019.

In this writ petition, petitioner has challenged the transfer order as well as rejection order.

The principal ground of challenge to her transfer is that, the option given by petitioner regarding place of her posting was not considered while transferring her.

The stand taken in the counter affidavit is that since the strength of students in some of the schools, opted by petitioner was less than 10, therefore, it was not possible to post another teacher in such schools.

These writ petitions were filed in 2019. Nearly three years have gone by. Transfer is an incidence of service and petitioners have been transferred as per their condition of service within the district. Petitioners must have joined at the transferred place by now.

Thus, this Court is not inclined to go into the question of validity of transfer order at this belated stage.

Accordingly, writ petitions are dismissed.

(Manoj Kumar Tiwari, J.) 01.07.2022 Navin