Disposed

Neelam Chand v. State of Uttarakhand

Uttarakhand HC4 Aug 2022WPSS/1523/2022

Case brief

AI extract

What is this about?

Disposes of a writ challenging a teacher's transfer to a remote area. Directs the Chief Education Officer to decide the petitioner's representation within six weeks under Section 24, with a rider to ensure compliance with a prior direction to conduct a Medical Board before the transfer is finally enforced.

What did the court decide?

Directed the Chief Education Officer to decide the petitioner's representation dated 18.07.2022 and conduct a Medical Board within six weeks, subject to the petitioner not being relieved of duty durin

SL. No	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGES’S ORDERS
			WPSS No.1523 of 2022 Hon’ble Sharad Kumar Sharma, J. Mr. K.K. Tiwari, Advocate for the petitioner. Mr. Sachin Mohan Singh Mehta, Brief Holder for the State of Uttarakhand. The petitioner after having being inducted as an Assistant Teacher in Government Primary School ever since 21.02.2009, had been working in Belbandhgoth, Block Champawat, District Champawat. By virtue of the impugned order under challenge, the State while exercising their powers under, “The Uttarakhand Annual Transfer for Public Servants Act of 2017” and also while exercising the powers under Section 16 of the said Act have passed an order of transfer in which the petitioner’s name figures at serial no.2 and as a consequence thereto she has been directed to be relieved so as to be posted in a remote area in a Government Primary School situated in Dayartoli Block of District Champawat. Assailing the said transfer order, apart from the fact that various contentions have been raised by the learned counsel for the petitioner in the writ petition, coupled with the fact, that she is suffering from some medical problem, as it has been narrated in the writ petition, but on that pretext the petitioner had earlier approached the writ court by filing a Writ Petition No.1527 of 2019 (S/S) Neelam Chand vs. State of Uttarakhand and others, which was disposed of by the Coordinate Bench by the judgment dated 08.07.2019 directing the respondents to conduct a Medical Board, on the petitioner prior to enforcing the impugned order of transfer, which was then under challenge i.e. dated 26.05.2019. The petitioner has contended, that the direction as given in the judgment of 08.07.2019

SL.
No

Date

Office Notes, reports,
orders or proceedings
or directions and
Registrar’s order with
Signatures

COURT’S OR JUDGES’S ORDERS

WPSS No.1523 of 2022
Hon’ble Sharad Kumar Sharma, J.
Mr. K.K. Tiwari, Advocate for the petitioner.
Mr. Sachin Mohan Singh Mehta, Brief
Holder for the State of Uttarakhand.
The petitioner after having being inducted as
an Assistant Teacher in Government Primary
School ever since 21.02.2009, had been working in
Belbandhgoth,
Block
Champawat,
District
Champawat.
By virtue of the impugned order under
challenge, the State while exercising their powers
under, “The Uttarakhand Annual Transfer for
Public Servants Act of 2017” and also while
exercising the powers under Section 16 of the said
Act have passed an order of transfer in which the
petitioner’s name figures at serial no.2 and as a
consequence thereto she has been directed to be
relieved so as to be posted in a remote area in a
Government Primary School situated in Dayartoli
Block of District Champawat.
Assailing the said transfer order, apart from
the fact that various contentions have been raised
by the learned counsel for the petitioner in the writ
petition, coupled with the fact, that she is suffering
from some medical problem, as it has been narrated
in the writ petition, but on that pretext the petitioner
had earlier approached the writ court by filing a
Writ Petition No.1527 of 2019 (S/S) Neelam
Chand vs. State of Uttarakhand and others,
which was disposed of by the Coordinate Bench by
the judgment dated 08.07.2019 directing the
respondents to conduct a Medical Board, on the
petitioner prior to enforcing the impugned order of
transfer, which was then under challenge i.e. dated
26.05.2019.
The petitioner has contended, that the
direction as given in the judgment of 08.07.2019

has not been complied with and no Medical Board has been constituted till date, in order to examine the petitioner’s medical difficulties faced by her, prior to passing of the impugned order of transfer. But in that eventuality too, this Court cannot
be oblivious of the fact, that as against the
impugned order of transfer, which has been passed
by the District Education Officer, Primary Education in the exercise of his statutory powers under Section 16 of the Annual Transfer Act of 2017, since the Act itself provides a remedy, which is available to the petitioner to file representation under Section 24 of the Act, which the petitioner
has already availed by filing the same on 18.07.2022; before the Chief Education Officer, the same is still pending consideration and no decision has been taken as such, on the same. In the representation thus submitted, she has also asserted with regards to the diseases named as Neurological and Cardiological problem, which she
alleged to be facing for last 20 years, apart from Vascular Migraine with Vertigo. Without expressing any opinion with regards
to the nature of the medical problem, which the petitioner is suffering, this writ petition is being disposed of with a direction to the Chief Education
Officer, to consider and decide the representation of
the petitioner dated 18.07.2022, as per the
provisions contained under Section 24 of the Act of 2017, the directions would be only with a rider, that
at the time of taking of decision on the
representation of 18.07.2022, the Chief Education
Officer, will ensure to comply with the direction
given by the Coordinate Bench earlier of
conducting a Medical Board, in order to assess the
actual and practical medial crises, which the
petitioner is alleging to be facing. The entire exercise of deciding the
representation and conducting the Medical Board is
expected to be taken by the Chief Education Officer
within a period of six weeks from today.
For a period of six weeks, the petitioner
would not be relieved from the institution in
question; subject to the condition that she has not alreadybeen relieved.

has not been complied with and no Medical Board
has been constituted till date, in order to examine
the petitioner’s medical difficulties faced by her,
prior to passing of the impugned order of transfer.
But in that eventuality too, this Court cannot

be oblivious of the fact, that as against the

impugned order of transfer, which has been passed

by
the
District Education
Officer,
Primary
Education in the exercise of his statutory powers
under Section 16 of the Annual Transfer Act of
2017, since the Act itself provides a remedy, which
is available to the petitioner to file representation
under Section 24 of the Act, which the petitioner

has already availed by filing the same on
18.07.2022; before the Chief Education Officer, the
same is still pending consideration and no decision
has been taken as such, on the same.
In the representation thus submitted, she has
also asserted with regards to the diseases named as
Neurological and Cardiological problem, which she

alleged to be facing for last 20 years, apart from
Vascular Migraine with Vertigo.
Without expressing any opinion with regards

to the nature of the medical problem, which the
petitioner is suffering, this writ petition is being
disposed of with a direction to the Chief Education

Officer, to consider and decide the representation of

the petitioner dated 18.07.2022, as per the

provisions contained under Section 24 of the Act of
2017, the directions would be only with a rider, that

at the time of taking of decision on the

representation of 18.07.2022, the Chief Education

Officer, will ensure to comply with the direction

given by the Coordinate Bench earlier of

conducting a Medical Board, in order to assess the

actual and practical medial crises, which the

petitioner is alleging to be facing.
The
entire
exercise
of
deciding
the

representation and conducting the Medical Board is

expected to be taken by the Chief Education Officer

within a period of six weeks from today.

For a period of six weeks, the petitioner

would not be relieved from the institution in

question; subject to the condition that she has not
alreadybeen relieved.

petit	Subject ion stands	to the aforesaid observation, the writ disposed of.
Arti		(Sharad Kumar Sharma, J.) 04.08.2022

petit

Subject
ion stands

to the aforesaid observation, the writ
disposed of.

Arti

(Sharad Kumar Sharma, J.)
04.08.2022

Neelam Chand v. State of Uttarakhand

Case brief

What is this about?

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Neelam Chand v. State of Uttarakhand

Case brief

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