WPSS/1825/2025
2025 Latest Caselaw 5329 UK

Uttarakhand High Court

WPSS/1825/2025 on 7 November, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                   2025:UHC:9806
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSS No. 1825 of 2025
                               With
                               WPSS No. 1826 of 2025
                               WPSS No. 1827 of 2025
                               WPSS No. 1828 of 2025
                               WPSS No. 1829 of 2025
                               WPSS No. 1831 of 2025
                               WPSS No. 1832 of 2025
                               WPSS No. 1833 of 2025
                               Hon'ble Manoj Kumar Tiwari, J
                               1.   Mr. Vikas Pande, learned counsel for
                               the petitioners.

                               2.   Mr. Rajeev Singh Bisht, learned
                               Additional C.S.C. for the State of
                               Uttarakhand.

                               3.   Since common questions of fact and
                               law are involved in these petitions,
                               therefore, these petitions are clubbed
                               together and decided by this common
                               judgment. However, for the sake of
                               brevity and convenience, facts of WPSS
                               No. 1825 of 2025 alone are being
                               considered and discussed.

                               4.   Petitioner       is     serving     as
                               Headmistress in a Government Primary
                               School in Okhalkanda Block of District
                               Nainital.   According     to    her,  Block
                               Okhalkanda is one of the remotest Blocks
                               of District Nainital and petitioner has put
                               in total service of 28 years in Durgam
                               places, therefore, as per provisions of
                               Transfer Act, 2017, she is eligible for
                               transfer to a Sugam place. The grievance
                               raised by petitioner is that her claim for
                               transfer to a Sugam place has not been
                               considered by the Competent Authority.

                               5.    By means of this writ petition,
                                                                                                                 2025:UHC:9806

petitioner                                                                                 has   sought   the     following
reliefs:-

 (i) Issue a writ, order or direction in the nature of
     mandamus directing the respondents to direct

the respondents to conduct counselling for the petitioner for considering her transfer to Sugam place.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the case of the petitioner for her transfer to Sugam place or to decide the representation sub mitted by the petitioner/their association.

6. Learned State Counsel submits that petitioner has made representation jointly with other Headmasters serving in Durgam places. He submits that if petitioner has any grievance, then she should submit separate representation before the Competent Authority, staking claim for transfer to a Sugam place, which shall be decided as soon as possible.

7. The writ petitions are, accordingly, disposed of with liberty to petitioners to make separate representation(s) to District Education Officer (Elementary) concerned, within two weeks from today. If petitioners submit separate representation(s) within stipulated time, District Education Officer shall consider their claim for transfer to a Sugam place, as per law, and pass appropriate order, within three months from the date of presentation of certified copy of this order.

(Manoj Kumar Tiwari, J) 07.11.2025 Aswal NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND,

SINGH ASWAL serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A585 31726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.07 01:08:31 -08'00' 2025:UHC:9806