Pradeep Kumar And Other ...... ... vs Secretary Secondary Education ...
2022 Latest Caselaw 2176 UK

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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

                     Special Appeal No.229 OF 2022

                               19TH JULY, 2022

Pradeep Kumar and Other                                     ...... Appellants

                                        Vs.

Secretary Secondary Education Government of Uttarakhand
and others                               ...... Respondents

Presence: -
Mr. Susheel Kumar, learned counsel for the appellant.
Mr. S.S. Chaudhary, learned Brief Holder for the State.

JUDGMENT: (Per Shri Vipin Sanghi, Chief Justice)


               Issue notice.

 2.            Mr. S.S. Chaudhary, learned Brief Holder for the
 State, accepts notices for all the respondents.

 3.            The present appeal is directed against the order
 dated 12.07.2022 passed by the learned Single Judge in
 WPSS No.1296 of 2022 (Pradeep Kumar and others vs.
 Secretary, Secondary Education and others). The learned
 Single Judge has dismissed the writ petition since no transfer
 order had been issued in respect of the petitioners till that
 date.

 4.            The     submission        of    learned    counsel   for   the
 appellants is that the appellants only desired that their
 representation(s) be considered before any transfer order(s)
 is issued.

 5.            It is a matter of fact that no transfer order has
 been issued till date.

 6.            We, therefore, dispose of this appeal by directing
 the respondents to look into the representations made by the
  petitioners before taking a final decision on the appellants'
 transfer.

 7.          We make it clear that we have not expressed any
 view on the merits of the appellants' case.

 8.          The impugned order passed by the learned Single
 Judge stands modified to the aforesaid extent.

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



                            _____________________
                                   VIPIN SANGHI, C.J.


                                        ______________
                            RAMESH CHANDRA KHULBE, J.

Dated: 19th July, 2022 BS