WPSS/1498/2024
2026 Latest Caselaw 902 UK

Uttarakhand High Court

WPSS/1498/2024 on 10 February, 2026

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                      2026:UHC:739
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions               COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSS/1498/2024
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Vinay Kumar, Advocate for the petitioner.

Mr. Narayan Dutt, Standing Counsel for the State.

2. Petitioner is serving as Assistant Teacher in Elementary Education Department. She was transferred from Govt. Primary School, Hathikhal, Haldwani to Govt. Primary School, Kalaagar, Okhalkanda, District Nainital vide order dated 12.07.2024. Challenging her transfer, petitioner filed this writ petition.

3. Coordinate Bench of this Court passed an interim order, on the strength of which, petitioner is still continuing at the original place of her posting.

4. Learned counsel for the petitioner submits that petitioner's transfer is bad, as it is in violation of Section 3(d) and 7(d) of Transfer Act, 2017.

5. Learned State Counsel, per contra, submits that petitioner has served in accessible (sugam) places for more than 15 years, therefore, as per Transfer Act, she 2026:UHC:739

became liable to be transferred to a durgam place. He, therefore, submits that petitioner's transfer was made strictly as per provisions of Transfer Act, 2017.

6. Transfer is an incidence of service. Admittedly, petitioner's transfer was made as per the conditions of her service. This Court is not inclined to go into the issues raised by petitioner, especially violation of the Transfer Act.

7. Having regard to the facts of the case, this Court thinks it fit to dispose of the writ petition by permitting petitioner to approach the competent authority.

8. The writ petition is, accordingly, disposed of with liberty to petitioner to make representation to the competent authority. If he makes representation within two weeks from today, decision thereupon shall be taken, as per law, within six weeks thereafter.

9. 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.) 10.02.2026 Mahinder/ 2026:UHC:739