Smt. Tarannum Saba vs State Of Uttarakhand And Others
2022 Latest Caselaw 2096 UK

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

            THE CHIEF JUSTICE SHRI VIPIN SANGHI
                            AND
           JUSTICE SHRI RAMESH CHANDRA KHULBE

                  Special Appeal No.219 of 2022

                         Dated: July 12, 2022


Smt. Tarannum Saba                                     .......... Appellant

                                    Vs.

State of Uttarakhand and Others                        ...... Respondents

Presence: -
Shri T.A. Khan, learned senior counsel assisted by Shri Mohd. Shafy, learned
counsel for the appellant.
Shri Anil K. Bisht, learned Addl. CSC for the State-respondents.


JUDGMENT: (Per Shri Vipin Sanghi, Chief Justice)


             Learned      senior     counsel     for    the    appellant
submits that after the filing of present special appeal,
the respondents have, in fact, issued the transfer order
on 08th July, 2022, whereby, the appellant stands
transferred to Govt. Primary School, Baigul Dam Khatta,
Sitarganj (Udham Singh Nagar).

2.           The relevant pleadings to assail the said
transfer order are missing in the writ petition, as already
filed, since the transfer order gives a fresh cause of
action to the appellant.

3.           We, therefore, dispose of this appeal while
granting liberty to the appellant to assail the transfer
order dated 08.07.2022 in fresh proceedings.

4.           In case a fresh petition is filed within the next
four working days, the respondents shall not take any
coercive action against the appellant till the matter is
  taken up for hearing by the learned Single Judge.

 5.        We make it clear that we have expressed no
 view on the merits of the appellants' claim.

 6.        Pending application, if any, stands disposed of
 accordingly.


                          ___________________
                                 VIPIN SANGHI, C.J.



                                      ______________
                          RAMESH CHANDRA KHULBE, J.

Dated: 12th July, 2022 Rdang