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Uttarakhand High Court
WPSS/852/2026 on 27 March, 2026
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2026:UHC:2212
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WPSS/852/2026
Hon'ble Manoj Kumar Tiwari, J
Mr. S.S. Yadav, Advocate for the petitioner.
2. Mr. S.S. Chaudhary, Standing Counsel for the State
of Uttarakhand.
3. Petitioner was appointed as Assistant Teacher in a
Government Primary School in District Pauri Garhwal in
January, 2009. Soon thereafter, vide order dated
19.08.2009, she was transferred to Dehradun, even though
the cadre of Assistant Teachers, Government Primary
Schools is of district level and they are not transferable
outside the district.
4. What is interesting to note that in the order dated
19.08.2009, it was mentioned that petitioner is being
transferred to urban area of District Dehradun, even
though, as per the then prevailing rules, there was a unified
cadre of Assistant Teacher, Government Primary Schools in
every district and separate cadre of urban and rural areas
was not maintained.
5. It appears that petitioner earlier filed writ petition,
which was disposed of permitting her to make a
representation. The representation made by petitioner
pursuant to order of this Court has been rejected, vide
order dated 07.08.2025. In the rejection order, it has been
held that there is one unified cadre of Assistant Teacher,
Government Primary Schools in every district, therefore,
the demand made by the petitioner for including her name
in the list of teachers belonging to urban cadre of Dehradun
cannot be accepted.
2026:UHC:2212
6. Learned counsel for the petitioner refers to a seniority
list of Assistant Teacher, Government Primary Schools,
which is enclosed as Annexure-13 to the writ petition, in
which it is mentioned that it is in respect of Assistant
Teacher serving in urban areas. Learned counsel for the
petitioner submits that the said seniority list was issued on
17.12.2010
.
7. Learned State Counsel was asked to get instructions.
On instructions, Mr. S.S. Chaudhary, learned Standing
Counsel submits that primary schools were earlier run by
Basic Education Board, Uttar Pradesh and as per the then
prevalent practice, Assistant Teachers were having separate
cadres for urban areas and rural areas. He submits that
Assistant Teachers serving in Primary Schools run by Basic
Education Board acquired status of Government servant in
terms of Section 58 of Uttarakhand School Education Act
and the practice of maintaining separate cadres of primary
school teachers has been done away with and anyone, who
is appointed after 2006 is member of a Unified District
Level Cadre. He also refers to judgment dated 13.6.2024,
rendered by Co-ordinate Bench of this Court in Writ Petition
(S/S) No. 976 of 2024 where while considering similar
issue, it was held as follows:-
"11. The submission made by learned counsel for the petitioners
appears to be totally misconceived. Once the Rural Local Area Cadre
and Urban Local Area Cadre have come to an end with the unification of
the service of the employees of U.P. Basic Education Parishad with the
State Government at par, no separate list is required."
8. Learned State Counsel further submits that the
contention raised by the petitioner that separate seniority
list have to be maintained for urban and rural areas is
without any basis, and in fact, there is no pleading also
made in the writ petition that there are such separate lists
maintained.
2026:UHC:2212
9. Learned counsel for the petitioner was asked to
substantiate his contention that separate list is required to
be maintained for rural and urban areas with the help of the
applicable rules, however, he could not show any provision
in the rules, which requires maintaining separate list for
urban and rural areas. He refers to Rule 5 (2) of
Uttarakhand Government Elementary Education (Teachers
Service) Rules, 2012 and proviso thereto. Rule 5 (2) of the
said Rules provides that there shall be a District Level
Cadre of Assistant Teachers for Government Primary
Schools and Government Junior High Schools. Proviso to
Rule 5(2) further provides that persons appointed as
Assistant Teacher before enforcement of these Rules shall
remain member of the District Level Cadre, as before.
Learned counsel for the petitioner complains that
petitioner's name does not figure in any of the seniority list.
10. The reason assigned for rejecting petitioner's
representation cannot be faulted. Learned State Counsel is
right in submitting that petitioner was wrongly transferred
from District Pauri to Dehradun, within less than a year of
her appointment.
11. The writ petition is however disposed of by directing
the competent authority to take decision for including
petitioner's name in the seniority list of the cadre to which
she belongs.
(Manoj Kumar Tiwari, J)
27.03.2026
Navin
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Date: 2026.03.27 18:15:17 +05'30'
