Uttarakhand High Court
WPSS/1119/2023 on 27 October, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:9398
Office Notes,
reports, orders
SL. or proceedings
Date COURT'S OR JUDGE'S ORDERS
No. or directions and
Registrar's order
with Signatures
WPSS/1119/2023
With
WPSS/2073/2022
Hon'ble Manoj Kumar Tiwari, J.
Mr. Vijay Bhatt, 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, they
are clubbed together and are being heard &
decided by a common judgment.
4. Petitioner is serving as Lecturer (English)
in Government Girls Inter College, Sitarganj,
Udham Singh Nagar. She was transferred to
Government Girls Inter College, Khetikhan,
Pati, District Champawat, vide order dated
26.06.2023. Thus feeling aggrieved by her
transfer, petitioner approached this Court.
5. Coordinate Bench granted interim order in
her favour on 07.07.2023, pursuant to which
petitioner is still continuing at Sitarganj.
6. Learned counsel for petitioner submits
that petitioner's husband had undergone
angioplasty, therefore, petitioner comes under
exempted category, as specified in Section 7(d)
of Uttarakhand Annual Transfer for Public
Servants Act, 2017. The certificate issued by
G.B. Pant Institute of Post Graduate Medical
Education and Research, New Delhi is on record
as Annexure-5 to the writ petition, which
indicates that petitioner's husband had
undergone angioplasty. The certificate issued
by State Medical Board is enclosed as
Annexure-2 to the rejoinder affidavit filed in
2025:UHC:9398
Writ Petition (S/S) No. 2073 of 2022.
7. Per contra, learned State Counsel submits
that petitioner's husband is serving as Senior
Horticulture Officer in District Agra of State of
Uttar Pradesh; he further submits that
petitioner has served for more than 19 years in
sugam places, therefore, as per Transfer Act,
2017, she is liable to be transferred to a
durgam place.
8. Without going into the rival contentions
raised by learned counsel for the parties, this
Court thinks that ends of justice would be met,
if the Competent Authority in the Education
Department is asked to look into the matter
and take decision as per provisions of the
Transfer Act, 2017.
9. The writ petitions are accordingly,
disposed of with a direction to respondent no. 3
to re-visit the matter and pass fresh order in
respect of the petitioner in the light of
provisions contained in Uttarakhand Annual
Transfer for Public Servants Act, 2017. It shall
be open to the petitioner to submit all
documents in support of her claim of exemption
from compulsory transfer as per provisions of
Section 7(d) of the Transfer Act, within two
weeks. This Court hopes and expects that
respondent no. 3 shall take decision in the
matter within ten weeks from today.
10. For a period of ten weeks or till decision is
taken in the matter, whichever is earlier, status
quo qua petitioner's posting shall be
maintained.
(Manoj Kumar Tiwari, J.)
27.10.2025
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Date: 2025.10.28 09:54:05 +05'30'
