Citation : 2026 Latest Caselaw 1006 UK
Judgement Date : 13 February, 2026
2026:UHC:897 Office Notes, reports, orders or proceedings SL.
Date or directions COURT'S OR JUDGE'S ORDERS No. and Registrar's order with Signatures WPSS/1934/2024 Hon'ble Manoj Kumar Tiwari, J Mr. Nagesh Aggarwal, Advocate for the petitioner.
2. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand.
3. Petitioner was appointed as Assistant Teacher, Government Primary School in District Tehri Garhwal in the year 2014. According to her, in the year 2016, she participated in a separate selection, held for appointment as Assistant Teacher, Government Model Schools in the same district, and she was selected and appointed as Assistant Teacher (English) in Government Model School, Dhalwala, Narendranagar, District Tehri Garhwal in the year 2016.
4. Petitioner is aggrieved by her transfer from Government Model School to Government Primary School, Purvawala, Narendra Nagar, vide order dated 30.07.2024.
5. It is contended that teachers appointed in Government Model Schools cannot be transferred to other Government Primary Schools. Reliance is placed upon Clause 3 (h) of Government Order dated 10.06.2016, where it is mentioned that work and performance of teachers serving in Government Model Schools, shall be evaluated by the Deputy Education Officer on quarterly basis and such teachers may be transferable to other Government Primary Schools based on evaluation of their work or on their own request.
2026:UHC:897
6. Learned counsel for the petitioner submits that work and conduct of the petitioner was found to be excellent and she was also given a Teachers Award during academic year 2019, therefore, her transfer from Government Model School to other Government Primary school is contrary to the Government Policy. Various other issues have been raised by the petitioner for challenging the transfer order.
7. Perusal of the order-sheet reveals that coordinate Bench granted interim order in favour of the petitioner on 21.10.2024, on the strength of which, petitioner is still serving in Government Model School, Dhalwala.
8. Since transfer is an incidence of service and petitioner has served at Government Model School, Dhalwala continuously since 2016, therefore, no useful purpose would be served by keeping this writ petition pending and interest of justice would be served if the competent authority is directed to re-visit the issue and take appropriate decision.
9. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation. If she makes representation to the District Education Officer, Tehri Garhwal within two weeks from today, the District Education Officer shall take decision thereupon, as per law, within six weeks thereafter. For a period of eight weeks or till decision is taken, whichever is earlier, status quo qua petitioner's posting shall be maintained.
(Manoj Kumar Tiwari, J) 13.02.2026 Navin
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