WPSS/1830/2025
2025 Latest Caselaw 5364 UK

Uttarakhand High Court

WPSS/1830/2025 on 10 November, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                      2025:UHC:9878
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSS/1803/2025
                               WPSS /1830/2025
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Vikas Pande, Advocate for the petitioner.

2. Mr. Narayan Dutt, Standing Counsel 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. 1803 of 2025 alone are being considered and discussed.

4. Petitioner are serving as Headmaster/Headmistress in different Government Primary Schools in Department of Elementary Education of the State Government. According to them, they have served for more than a decade in durgam places, therefore, they are entitled to be considered for transfer to sugam place under provisions of Transfer Act, however, this valuable right of theirs is not being considered by the competent authority.

5. By means of this writ petition, petitioner has sought the following reliefs:-

"A. 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 his transfer to Sugam place.

2025:UHC:9878

B. Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the case of the petitioner for his transfer to Sugam place or to decide the representation submitted by the petitioner/their association."

6. Learned State Counsel submits that during academic session 2024-25, no Headmaster serving in Nainital was transferred because of the cap imposed by RTE Act that Headmaster shall be posted only in such Primary Schools, which have students strength of 150 or more; there were only 17 such Government Primary Schools where students was more than

150. Learned State Counsel further submits that as per Government Policy, only 15% of total strength of Assistant Teacher, Government Primary Schools can be transferred. He, however, concedes that if petitioners make fresh separate representation seeking transfer to some other place, then the same shall be considered, strictly, as per provisions of Transfer Act, 2017.

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 make separate representation(s) within the stipulated time, District Education Officer concerned shall consider their case for transfer, 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.) 10.11.2025

Navin NAVEEN

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH

2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da8 2a131bb4e4403d3c0a15, postalCode=263001,

CHANDRA st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643A F56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.11 18:06:10 +05'30'