Writ petitions filed by Headmistresses seeking transfer from Durgam to Sugam places were disposed of. The court declined to interfere and directed the petitioners to file fresh representations within two weeks.
Petitioners granted liberty to make fresh representations to the District Education Officer (Elementary), Nainital, within two weeks.
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2025:UHC:9918
| SL. No. |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGE’S ORDERS |
|---|---|---|---|
| WPSS No. 1880 of 2025 With WPSS No 1881 of 2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Vikas Pande, learned counsel for the petitioners. 2. Mr. Rajeev Singh Bisht, learned Additional C.S.C. for the State of Uttarakhand. |
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| 3. Petitioners are serving as Headmistress in different Government Primary Schools in District Nainital. According to them, they have served at _Durgam_places for more than ten years, therefore, they have earned a right to be transferred to a_Sugam_place. Learned counsel for the petitioners has referred to certain provisions of Transfer Act, 2017 in support of this contention. 4. Learned State Counsel submits since petitioners have sought a writ of mandamus, therefore, they may be permitted to file fresh representation(s) to the Competent Authority. 5. Accordingly, the writ petitions are disposed of with liberty to petitioners to make fresh representation(s) to District Education Officer (Elementary), Nainital, within two weeks from today. If they make representation(s) within stipulated time, District Education Officer (Elementary) shall look into the request made by petitioners and take decision, as per law, within four months from the date of receipt of such representation. (Manoj Kumar Tiwari, J) 11.11.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9 802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F 5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.11 03:38:58 -08'00' |
2025:UHC:9918
2 issues framed by the court
Whether writ intervention is necessary when remedies by way of fresh representation to the competent authority are available.
Whether the Transfer Act, 2017 grants an absolute right to transfer from Durgam to Sugam places after ten years of service.
Headmistresses, Government Primary Schools, District Nainital
State of Uttarakhand
Manoj Kumar Tiwari
Niti Raj Singh Aswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
