Uttarakhand High Court
WPSS/1262/2023 on 13 October, 2023
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reports, orders
SL. or proceedings
Date COURT'S OR JUDGES'S ORDERS
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WPSS No. 1262 of 2023
Hon'ble Pankaj Purohit, J.
Mr. Dinesh Gahatori, learned counsel for
the petitioner.
2. Mr. Narayan Dutt, learned Standing
Counsel for the State of Uttarakhand.
3. By means of this petition, petitioner
seeks indulgence of this Court for a direction
to the respondents to transfer the petitioner
from Atal Utkrisht Govt. Inter College,
Bhaunkhal, Salt, District Almora to any other
places mentioned in paragraph 22 of the writ
petition.
4. It is submitted by learned counsel for the
petitioner that the petitioner, who is Assistant
Teacher, L.T. Grade (Hindi) is suffering from
serious kidney ailment and one kidney of the
petitioner was already removed on 13.02.2023
and another kidney is seriously infected.
Petitioner has also annexed recent certificate
issued by the Regional Medical Board, Nainital
dated 13.06.2023 and also submitted the
medical certificate issued by the State Medical
Board dated 20.07.2023 to the office of
respondent no.2.
5. The attention of this Court was drawn by
the learned counsel for the petitioner to the
provisions of Section 13(4) of the Uttarakhand
Annual Transfer for Public Servants Act,
2017(hereinafter to be referred as 'the Act'),
wherein, it has been provided that a request
for transfer can be made by the employees on
the basis of their own and spouse-serious
illness/disability. Keeping in view the serious
ailment, which is supported by a medical
certificate, the petitioner comes within the fold
of "serious patients" as defined under Section
3(d) of the Act, as one kidney of the petitioner
has already been removed.
6. Learned counsel for the petitioner on
these grounds submitted that the petitioner
shall be transferred by the respondent no.2 to
one of the places mentioned by petitioner in
paragraph 22 of the writ petition. Though, the
petitioner has further given one name of
Government Intermediate College, Mohaan,
where the post of Assistant Teacher, L.T.
Grade (Hindi) is still lying vacant. The names
of schools and colleges given by petitioner are
as under:
1. GIC Simalkhaliya, Ramnagar, Nainital
2. GIC Maldhan Chaur, Ramnagar, Nainital
3. GIC Ramnagar, Nainital
4. GIC Thari, Ramnagar, Nainital
7. A counter affidavit has been filed by the
respondents, wherein it has been stated by the
respondents that since the annual transfer of
the year 2022-23 has come to an end,
therefore, the request of the petitioner for
transfer cannot be granted. It is also
submitted by the learned State Counsel that
the petitioner has not submitted any medical
certificate issued by the Competent Authority
while making his application for on request
transfer to the school/college enumerated by
him.
8. I have given thoughtful consideration to
the arguments submitted by the learned
counsel for the parties and perused the
documents alongwith the provisions of the Act.
From the record, it is reflected that the
petitioner is seriously ill and is suffering from
serious kidney ailment wherein his one kidney
has been removed and the other is seriously
infected and he is suffering from the critical
kidney disease (CKD) stage-2, which is
mentioned in Annexure No.5 to the writ
petition.
9. Since the petitioner is suffering from
serious ailment and the provisions of Act
under Section 13(4) provides for a right to
petitioner to make a request to the authority
concerned to consider for his transfer on the
ground of illness, respondents failed in their
duties while not giving any heed to his
request.
10. This Court finds the argument submitted
by the learned counsel for the petitioner
convincing and accordingly the writ petition is
allowed.
11. A mandamus is issued to respondent
no.2-Additional Director of Secondary
Education, Kumaon Region, to consider the
case of the petitioner sympathetically keeping
in view serious illness of the petitioner, as he
is suffering from kidney disease CKD-stage-2
and transfer him to one of the schools/colleges
enumerated in paragraph 6 of this judgment
or Government Intermediate College, Mohaan
within two weeks' from the date of receipt of
certified copy of this order. No order as to
costs.
(Pankaj Purohit, J.)
13.10.2023
PN
