Uttarakhand High Court
Namita Jayaswal vs State Of Uttarakhand & Others on 15 April, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No.378 of 2024
Namita Jayaswal ........Petitioner
Versus
State of Uttarakhand & others .....Respondents
Presence:-
Mr. Vinay Kumar, learned counsel for the petitioner.
Mr. Bhupendra Singh Koranga, learned Brief Holder for the State.
Hon'ble Pankaj Purohit, J. (Oral)
Heard learned counsel for the parties.
2. By means of this writ petition, petitioner has
sought the indulgence of this Court for a direction to the
respondent no.1 to take a decision on the proposal dated
04.08.2023, annexure-5 to the writ petition, submitted by
the appointing authority in compliance of the judgment
dated 21.03.2023 within stipulated time.
3. The facts of the case are that petitioner is
Assistant Teacher, L.T. Grade, who is posted at
Government Higher Secondary School, Chamuwa, District
Almora. Unfortunately, during her stay in Chamuwa,
petitioner developed disease of Asthma and for that reason
she moved representation to the respondent-appointing
authority to consider the case of the petitioner for transfer
in a warmer place which suits to her health condition.
Petitioner was issued a medical certificate by the State
Medical Board, Dehradun, which is annexed as annexure-
2 to the writ petition, which reflects that petitioner is a
chronic patient of Asthma. In the said certificate, it is also
stated that petitioner should avoid exposure to cold and
high altitude.
4. Petitioner has moved this Court by filing a
WPSS No.437 of 2023 (Namita Jayaswal vs. State of
Uttarakhand & others) decided on 21.03.2023, wherein
this Court has been pleased to direct the Secretary,
Secondary Education, Uttarakhand to consider the
petitioner's application for transfer to a warm/hot place,
including those situated in hill district within a period of
eight weeks from the date of production of certified copy of
that order i.e. 21.03.2023.
5. Pursuant to the aforesaid order passed by a
Co-ordinate Bench of this Court, the Additional Director,
Secondary Education, Kumaon Region, Nainital has
recommended the transfer of the petitioner vide proposal
dated 04.08.2023, annexure-5 to the writ petition on
being asked by the Government. When the said proposal
was not acted upon, the petitioner having left with no
option filed the present writ petition.
6. On 12.03.2024, instructions were called from
the State Government.
7. Today, the instructions dated 13.03.2024 have
been supplied to this Court by the learned State Counsel,
which are taken on record.
8. From perusal of the instructions, it is reflected
that as yet no decision has been taken by the Secretary,
Secondary Education, Uttarakhand on the proposal dated
04.08.2023 sent by the Additional Director, Secondary
Education, Kumaon Region, Nainital.
9. As per the proposal which has been sent by the
Additional Director, Secondary Education, Kumaon
Region, Nainital to Secretary, Secondary Education,
Uttarakhand, petitioner has to be transferred at the
Government Higher Secondary School, Isainagar,
Ramnagar, District Nainital, a warmer place then the
school where the petitioner is presently working.
10. Since the matter is still in process, the writ
petition is disposed-off finally with a direction to
Secretary, Secondary Education, Uttarakhand to take a
decision on the proposal dated 04.08.2023, annexure-5 to
the writ petition sent by Additional Director, Secondary
Education, Kumaon Region, Nainital within a period of ten
days from the date of production of certified copy of this
order.
(Pankaj Purohit, J.)
15.04.2024
AK
