Mahima Joshi vs State Of Uttarakhand And Others

Lok Pal Singh, J

By means of present writ petition, the petitioner is seeking the following relief:-

(i) Issue a writ order or direction in the nature of certiorari to call for the record of the case and quash the order dated 25.06.2019 passed by respondent no. 2 and order dated 09.10.2019 passed by respondent no. 3, contained annexure no. 2 and 1 respectively to the writ petition."

Facts of the case, in brief are that petitioner who is serving as Lecturer in Government Girls Inter College, Nainital has been transferred to Government Girls Inter College, Betalghat, District Nainital vide order dated 25.06.2019 under the compulsory transfer scheme. Feeling aggrieved by transfer order dated 25.06.2019 petitioner had preferred WPSS No. 1555 of 2019, Smt. Mahima Joshi vs. State of Uttarakhand and anr., stating therein that the transfer order is contrary to the provisions contained in the Uttarakhand Annual Transfer for Public Servants Act, 2017 (hereinafter referred as the Transfer Act). The Co-ordinate Bench was pleased to dispose of the writ petition vide order dated 05.07.2019 with the direction to the Competent Authority to take decision on the representation, so made by the petitioner, by speaking and reasoned order within three weeks from the date of receipt of such representation. Pursuant to order dated 05.07.2019, respondent no. 3 has decided the representation of the petitioner vide order dated 09.10.2019 by stating therein that the case of the petitioner does not fall under Section 7(d)(1) of the Transfer Act as she could not attained the age of 55 years on the cut of date i.e. 31.05.2019.

Learned Senior Counsel appearing for the petitioner would submit that just to harass the petitioner impugned transfer order has been passed. The petitioner was about to complete 55 years of age at that time, as only 9 days were remaining in attaining the age of 55 years, which is not such a big difference in denying the benefit to the petitioner as per the provisions contained in the Transfer Act. He would further submit that husband of the petitioner is suffering from low vision, which is about 75% as per the medical certificate, and there is no one in the family to look after husband of the petitioner.

Learned Senior Counsel would further submit that despite the option submitted by the petitioner for Government Girls Inter College, Bhowali District Nainital, her case has not been considered. He would further submit that considering the facts and circumstances of the case and also considering the health condition of the husband of the petitioner, direction may be issued to the competent authority to consider the case of the petitioner sympathetically.

Having heard learned counsel for the petitioner and also considering the fact that petitioner was about to complete age of 55 years at that time and has completed 55 years as on date, the competent authority-respondent no. 2 is directed to consider the case of the petitioner sympathetically having considered medical condition of the husband of the petitioner. In this regard, petitioner shall make fresh representation before the competent authority within a week annexing a copy of this order whereafter competent authority shall take decision on the representation within 15 days. Till the decision is taken, of the transfer order dated 25.06.2019 shall remain stayed.

In view of the above, the writ petition stands disposed of accordingly.

Pending applications, if any, also stands dismissed. No order as to costs.