Azad Singh Vedic vs State of Uttarakhand and Others

V.K. Bist, J.—Present writ petition has been filed by the Petitioner for quashing the transfer order dated 29th September, 2010, passed by the Respondent No. 3, by which the Petitioner has been transferred on administrative ground from Government Inter College Mandai, Pauri Garhwal to Government Inter College Maso Thalisain, District Pauri Garhwal.

The contention of the learned Counsel for the Petitioner is that the Petitioner is Officiating Principal and one Teacher misbehaved with the Petitioner for which the Petitioner wrote to the higher authority. The Petitioner was not informed about any enquiry and was transferred on administrative ground, but infact there is nothing on which basis the Petitioner could be transferred on administrative ground.

On the other hand, the learned Standing Counsel for the State, Shri Dinesh Gahatori submitted that the Nayab Tehsildar, Pauri Garhwal was asked to hold enquiry and in his enquiry he found that due to the dispute between the Petitioner and the teacher namely Ramshray Yadav, the atmosphere in the College is adversely being affected and due to this reason the Petitioner as well as Ramshray Yadav were transferred.

Learned Counsel for the Petitioner submitted that the wife of the Petitioner is suffering from cancer and, in case, the Petitioner is compelled to join at the transferred place, it will not be possible for the Petitioner to look after his wife properly. He further submitted that on 25.10.2010, the Petitioner submitted a representation before the Additional Director of Education, Garhwal Region, Pauri Garhwal and requested for the stay of his transfer order. In the said representation, the Petitioner has also requested the Additional Director of Education, Garhwal Region, Pauri Garhwal to consider the representation of the Petitioner for transfer at nearby place, if transfer is necessary, but the representation of the Petitioner has not yet been decided.

After considering the submission made by the learned Counsel for the Petitioner, this Court thinks it fit and proper to direct the Additional Director of Education, Garhwal Region, Pauri Garhwal to take decision on the representation of the Petitioner sympathetically within a period of three weeks from the date of production of certified copy of the order. Till the representation filed by the Petitioner is not decided, the Petitioner shall be permitted to work at the present place of posting.

With the aforesaid direction, the writ petition is disposed of. Stay application (CLMA No. 9489 of 2010) also stands disposed of.