Smt. Luxmi Semalty vs State of Uttarakhand and Another

Sudhanshu Dhulia, J.—Heard Mr. Rakesh Thapliyal, Learned Counsel for the Petitioner and Mr. H.M. Raturi, learned standing counsel for the State of Uttarakhand.

The Petitioner was working as Primary Teacher. She has been transferred from Government Primary School, Ghonti to Government Primary School, Chauri Jakhridhar, Tehri Garwal by order dated 16.09.2011.

This Court is not inclined to interfere in the transfer order dated 16.09.2011 as the only ground for challenging the transfer order is that the transfer order does not disclose whether the Petitioner has not been transferred in public interest or on administrative ground. In fact order does not assign any reason. The transfer is an exigency of service and there are very limited grounds to challenge the same, which is when the transfer order is in violation of the statutory rules or it is without jurisdiction or which suffers from mala fide. In fact none of the grounds have been taken. Transfer order has been challenged only on the ground as stated above. As such, this Court is not inclined to interfere in the matter.

At this stage, Learned Counsel appearing for the Petitioner Mr. Rakesh Thapliyal states that the Petitioner is serving in "Durgam" and "Atidurgam" place for the last 11 years.

In view of the above facts, the writ petition is disposed of with a direction that if the Petitioner moves a representation before the District Education Officer, Tehri Garhwal, the same shall be decided by him in accordance with law as expeditiously as possible.

It is made clear that such representation shall be considered after the Petitioner gives joining at her transferred place.

With the aforesaid observations, the writ petition is disposed of finally.

No order as to costs.