Smt. Janki Deopa vs State of Uttarakhand & others

MANOJ K. TIWARI, J. (ORAL)

Petitioner is serving as Assistant Teacher, L.T. Grade (Art) in Government Girls High School, Rajpura Haldwani, District Nainital. According to the

petitioner, she was appointed in Government Girls Higher Secondary School (Now GGIC), Bagwalipokhar, District Almora, where she served

continuously from 05.05.1989 to 08.07.1994. Thereafter, she was transferred to Government Girls Higher Secondary School, Paye Garur, District

Bageshwar, where she joined on 09.07.1994 and served continuously till 01.07.2002.

According to learned counsel for the petitioner, both these institutions were Durgam and are still Durgam as per categorization made by the

Committee headed by Director General of School Education. According to the petitioner, she was shocked to find that her name figures in the list of

teachers, who are liable to be transferred from Sugam to Durgam place under Section 8 of the Transfer Act, 2017.

Learned counsel for the petitioner submits that the chart enclosed with the list, prepared under Section 8 of the Act indicates that services rendered

by the petitioner between 1989 to 2002 in Durgam places have been treated as Sugam, and no credit has been given for the said services. Thus,

petitioner apprehends that based on the aforesaid list, she will again be transferred to a Durgam place. It is further the contention of the petitioner that

she is exempt from compulsory transfer from Sugam to Durgam, as she has already rendered service of more than 10 years in Durgam place.

Learned counsel for the petitioner submits that petitioner has already made a representation to the Competent Authority, which is said to be

pending.

Since petitioner is yet to be transferred and her representation is pending before Competent Authority, therefore, this Court is not inclined to

interfere in the matter at this stage. Moreover, the representation made by the petitioner is still pending before the Competent Authority, therefore, no

useful purpose would be served by keeping this writ petition pending.

In such view of the matter, writ petition is disposed of with liberty to the petitioner to make fresh representation to the Competent Authority within a

week, and if such a representation is made, the Competent Authority shall decide the same by passing a speaking and reasoned order within six

weeks, thereafter. Till decision on petitioner’s representation, status quo as on today regarding her posting shall be maintained.

Let certified copy of this order be supplied to learned counsel for the petitioner within 24 hours, on payment of usual charges.