Uttarakhand High Court
WPSS/1855/2025 on 10 November, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:9880
Office Notes,
reports, orders
or proceedings
SL. Dat
or directions COURT'S OR JUDGE'S ORDERS
No. e
and Registrar's
order with
Signatures
WPSS/1852/2025
WPSS/1853/2025
WPSS/1854/2025
WPSS/1855/2025
WPSS/1856/2025
WPSS/1857/2025
WPSS/1858/2025
WPSS/1859/2025
WPSS/1860/2025
WPSS/1861/2025
Hon'ble Manoj Kumar Tiwari, J.
Mr. Anil K. Bisht, Advocate for the
petitioners.
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. 1852 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:-
"I. Issue a writ, order or direction in the nature of
mandamus directing the respondents, particularly respondent
no.2. i.e. District Education Officer (Elementary Education),
Nainital to conduct the counselling for transfer of the petitioner
to the Sugam Place, considering the fact that she has already
2025:UHC:9880
completed more than 10 years' services in Durgam Places and
is eligible for transfer in Sugam places under the relevant
provisions of the Uttarakhand Annual Transfer for Public
Servant Act, 2017.
II. Issue a writ, order or direction in the nature of
mandamus directing the respondents to decide the
representation dated 21.10.2025 (annexure no.4) of the
petitioner and thereby consider her case for transfer."
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 such Primary
Schools, which have students strength of 150
or more; there were only 17 such Government
Primary Schools where students number 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 Digitally signed by NAVEEN CHANDRA
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131
CHANDRA
bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND,
serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D6
53D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA
Date: 2025.11.11 18:09:12 +05'30'
