Sanjay Kumar vs State Of Uttarakhand & Others

Ravindra Maithani, J

Petitioner seeks the following reliefs:-

(i) To issue a writ, order or direction in the nature of Mandamus commanding and directing the respondents to transfer the petitioner in either of the

schools (1) Government Inter College, Ladhora, Haridwar, (2) Government Inter College, Nizampur, Haridwar on the ground of acute heart ailment of

wife of petitioner which has been verified by the State Medical Board.

(ii) To issue such other suitable writ, order or direction which this Hon’ble Court may deem fit and proper.

(iii) To award cost of the writ petition to the petitioner.â€​

It is the case of the petitioner that he is posted as Lecturer (Physics) in Government Inter College, Koruba, Block Kalsi, District Dehradun. Since

he is posted at a distance from his home district, he is unable to look after his family, especially, his wife who is under treatment. It is the case of the

petitioner that his wife is suffering with various diseases. Therefore, the petitioner made a detailed representation on 02.10.2020 before the Director

School Education for his transfer to schools at Government Inter College, Ladhora, Haridwar and Government Inter College, Nizampur, Haridwar, but

it has not been considered.

Heard learned counsel for the parties and perused the record.

This Court wanted to know from the learned counsel for the petitioner as to which legal right of the petitioner has been infringed, which occasioned

him to approach this Court. To it, there is no answer. The only argument which is being advanced is that the petitioner’s wife is sick and she

needs regular look after by her husband.

This may not be a ground to entertain the petition like the instant one. Undoubtedly, if the petitioner has some grievances with regard to his work

and life balance, he may approach the competent authority, and if it is done, this Court has no doubt that the competent authority would consider such

a representation.

The instant petition has no merit and it deserves to be dismissed.

The writ petition is dismissed.