Smt. Guriya Bee vs State of Uttarakhand & others

Heard Mr. Lalit Belwal, learned counsel for the petitioner, Mr. M.C. Tiwari, Deputy Advocate General for the State and perused the records.

According to Mr. Lalit Belwal, learned counsel, petitioner was appointed on the post of Lecturer (English) on 27.07.2011 through Uttarkhand Public Service Commission. As per the then prevailing Government policy, persons appointed in women branch were entitled to be posted in their home district. In support of this contention, learned counsel for the petitioner has placed reliance upon Government Order dated 10.03.2011, which is annexure No. 2 to the writ petition.

Learned counsel for the petitioner submits that despite the Government policy, petitioner was posted in Ati Durgam place in a district other than her home district. Learned counsel for the petitioner further submits that petitioner has completed six years of service at Government Inter College, Mahatgaon, District Almora, which is admittedly an Ati Durgam place. The case of the petitioner before this Court is that despite representations, her claim for transfer to home district Nainital, has not been considered by the competent authority, while other similarly situate persons, who were earlier posted in Durgam or Ati Durgam places have been brought back to their home district, pursuant to their representations. Learned counsel for the petitioner also points out the family problems of the petitioner. According to the petitioner her representation dated 08.06.2017 is still pending before the competent authority.

Learned Deputy Advocate General for the State fairly conceded that petitioner''s representation for transfer to a better place deserves to be considered in terms of Government policy and he assures the Court that the competent authority shall sympathetically consider petitioner''s claim for transfer.

In view thereof, the writ petition is disposed of with a direction to respondent No. 2 - Director, School Education, Dehradun, to consider petitioner''s representation dated 08.06.2017 and decide the same by passing a reasoned and speaking order, within a period of four weeks from the date of production of certified copy of this order.

Let a certified copy of this order be supplied to the learned counsel for the petitioner today itself on payment of usual charges.