SPA/349/2022
2023 Latest Caselaw 2362 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL


        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
             THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL



                 SPECIAL APPEAL NO. 349 OF 2022


                            21ST AUGUST, 2023

Between:


Smt. Poonam Bora                               ......      Appellant


and


State of Uttarakhand & others                  ......     Respondents



Counsel for the appellant        :   Mr. Pooran Singh Rawat, learned
                                     counsel

Counsel for the respondents      :   Mr. K.N. Joshi, learned Deputy
                                     Advocate General for the State



The Court made the following:


JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)



             The respondents have filed their counter-

affidavit in terms of our order dated 03.11.2022.


2)           The     appellant       assails    the   order   dated

17.10.2022, passed in the writ petition preferred by the

appellant.     By the impugned order, the same has been

dismissed. The appellant had preferred the writ petition
                                  2




to assail her transfer from Government Junior High

School    Maat,    Block       Hawalbagh,    District    Almora      to

Government Junior High School Simalti, Block Lamgarha,

within the same district, vide order dated 10.07.2022.


3)           The earlier writ petition preferred by the

appellant was disposed of with a direction to decide the

petitioner's representation. After the said representation

was rejected, she preferred the writ petition in question

which, as aforesaid, was dismissed. The learned Single

Judge took note of the fact that the petitioner had

rendered service in Block Hawalbagh, District Almora

between      07.09.2007         to    20.05.2013,       which      was

considered as service rendered in inaccessible place. As

per the respondents, out of her total service of 20 years,

she had rendered service in accessible place for more

than 19 years and 04 months, and her service in

inaccessible      place        was    less   than       10       years.

Consequently, the petition was dismissed.


4)           The submission of the appellant before us is

that   her    service     at    the   same   place,      i.e.,   Block

Hawalbagh, District Almora after 20.05.2013 has been

considered as service in accessible area.               According to

the appellant, this classification for the period after
                             3




20.05.2013 is incorrect, since the new school building at

the said location was inaugurated on 02.06.2014, and

not on 20.05.2013.


5)        The stand taken by the respondents in their

counter-affidavit, now filed, reads as follows :


          "8.   That the transfer of the appellant has been
     done from accessible area to remote area as per the
     provisions of the Uttarakhand Annual Transfer for Public
     Servants Act, 2017.   The petitioner is not entitled for
     exemption under Section 7(d) mentioned in the Act. It
     is further submitted that as per the copy of the
     education portal, the petitioner completed her service in
     remote area only 09 years 10 months 08 days and in
     accessible area 19 year 04 months 20 days. She has
     not completed 10 years of service in remote area.

          9.    That the appellant / writ petitioner never
     challenged the entry in the Education Portal either
     before the authorities or any other forum. It is further
     submitted that the petitioner challenged the said entry
     in the education portal, when she was transferred from
     Government Upper Primary School Maat, Hawalbagh,
     Almora to Government Upper Primary School Simalti,
     Block Lamgarha, Almora.

          10.    That the appellant / writ petitioner was
     posted in Govt. Upper Primary School Maat, District
     Almora between 07.09.2007 to till her transfer.     It is
     further submitted that earlier the Government Upper
     Primary School Maat, District Almora was categorized
     as Durgan between 07.09.2007 to 20.05.2013.         It is
     further submitted that the said school was included as
                               4




       accessible area from 21.05.2013 to 31.05.2022.        It is
       further submitted that the above categorization was
       done as per the recommendation of the District Level
       Committee headed by District Magistrate. It is further
       submitted that after entry in the education portal,
       options were invited from the employees but the
       appellant / writ petitioner never filed any objection in
       regard to the wrong entry in the education portal."



6)          In our view, the classification of the place as

Durgam or Sugam, is a matter of policy, and in the

present case, that is not even under challenge.              The

mere shifting of the school within the same town from

one location to another would not entitle the appellant to

claim, that the appellant continued to serve, either in

Sugam or Durgam area, as the case may be.


7)          We do not find any merit in this appeal. The

same is, accordingly, dismissed.


8)          Interim relief application (IA No. 01 of 2022)

also stands disposed of.



                                         ________________
                                         VIPIN SANGHI, C.J.



                                      ________________
                                     RAKESH THAPLIYAL, J.

Dt: 21st AUGUST, 2023 Negi