Disposed¶4

Sushil Kumar Rastogi v. State of Uttarakhand

Uttarakhand HC10 Nov 2025WPSS/1856/2025

Case brief

AI extract

What is this about?

Uttarakhand High Court; WPSS/1852/2025 to WPSS/1861/2025 (clubbed common judgment); judge: Manoj Kumar Tiwari; decision date 10.11.2025; neutral citation 2025:UHC:9880. Theme: annual transfer of Headmasters/Headmistresses from durgam to sugam stations under Uttarakhand Annual Transfer for Public Servant Act, 2017 ('Transfer Act, 2017'); RTE Act cap requiring posting only in Primary Schools with student strength of 150 or more (17 such schools in Nainital) and Government Policy limiting transfers to 15% of Assistant Teacher strength; outstanding representation dated 21.10.2025 (annexure no.4); District Education Officer (Elementary Education), Nainital directed to consider transfer cases as per law within three months. Advocates: Anil K. Bisht (petitioners); Narayan Dutt, Standing Counsel (State of Uttarakhand). Disposition: petitions disposed with liberty to file fresh representations. No precedents cited; no statutory section cited beyond act titles; no monetary amounts involved.

What did the court decide?

SL.
No.

Dat
e

Office Not es,
r epor t s, or der s
or pr oceedin gs
or dir ect ion s
an d Regist r ar ’s
or der w it h
Sign at u r es

COURT’S OR JUDGE’S ORDERS
W PSS/ 1 8 5 2 / 2 0 2 5
W PSS/ 1 8 5 3 / 2 0 2 5
W PSS/ 1 8 5 4 / 2 0 2 5
W PSS/ 1 8 5 5 / 2 0 2 5
W PSS/ 1 8 5 6 / 2 0 2 5
W PSS/ 1 8 5 7 / 2 0 2 5
W PSS/ 1 8 5 8 / 2 0 2 5
W PSS/ 1 8 5 9 / 2 0 2 5
W PSS/ 1 8 6 0 / 2 0 2 5
W PSS/ 1 8 6 1/ 2 0 2 5
Hon’ble Man oj Ku m ar Tiw ar i, J.

Mr. Anil K. Bisht, Advocate for the
petitioners.

2.
Mr. Narayan Dutt, Standing Counsel for
the State of Uttarakhand.
3.
Since common questions of fact and law
are involved in these petitions, therefore,
these petitions are clubbed together and
decided by this common judgment. However,
for the sake of brevity and convenience, facts
of WPSS No. 1852 of 2025 alone are being
considered and discussed.

4.
Petitioner
are
serving
as
Headmaster/ Headmistress
in
different
Government Primary Schools in Department of
Elementary
Education
of
the
State
Government. According to them, they have
served for more than a decade in_durgam_
places, therefore, they are entitled to be
considered for transfer to_sugam_place under
provisions of Transfer Act, however, this
valuable right of theirs is not being considered
by the competent authority.
5.
By means of this writ petition, petitioner
has sought the following reliefs: -
“I. Issue a writ, order or direction in the nature of
mandamus directing the respondents, particularly respondent
no.2. i.e. District Education Officer (Elementary Education),
Nainital to conduct the counselling for transfer of the petitioner
to the Sugam Place, considering the fact that she has already

Sushil Kumar Rastogi v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Sushil Kumar Rastogi v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

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What the court decided

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