Dismissed¶9

Rajesh Saini v. State of Uttarakhand

Uttarakhand HC7 Apr 2026WPSS/967/2026

Case brief

AI extract

What is this about?

Service law / transfer of government primary school headmaster; fresh transfer order dated 10.03.2026 passed under liberty granted after earlier transfer order set aside; periodic transfer of primary school teachers and headmasters as condition of service; long continuance (more than fifteen years) in same institution; nearby posting less than 15 kilometres - no prejudice; Block Education Officer report - clean chit on political activity allegation; judicial restraint / non-interference in transfer matters; WPSS; Uttarakhand High Court; Haridwar; writ petition dismissed, no order as to costs.

What did the court decide?

This Court found substance in the learned State Counsel's submissions that, as per conditions of service, Teachers and Headmasters of Primary Schools are liable to be transferred from one school to another at regular intervals, and that transfer of the petitioner to a nearby institution less than 15 kilometres away caused no prejudice to him.

SL.
No.

Date

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

COURT’S OR JUDGE’S ORDERS

WPSS/967/2026
Hon’ble Manoj Kumar Tiwari, J.
Mr. Narendra Bali, learned counsel
for the petitioner.
2.
Mr. N.K. Papnoi, learned Standing
Counsel for the State of Uttarakhand/
respondent nos. 1 to 4.
3.
Petitioner is serving as Headmaster
in a Government Primary School in
District Haridwar. He was transferred to
some other school in the year 2025
against which he filed a writ petition,
which was allowed, the transfer order
was set aside, however the competent
authority was permitted to pass fresh
order as per law in respect of the
petitioner.
4.
In terms of the liberty granted, the
competent authority has passed fresh
order of transfer on 10.03.2026, which is
under challenge in this writ petition.
5.
Learned counsel for the petitioner
relies upon a report submitted by Block
Education Officer, for contending that
clean chit was given to the petitioner and
the allegation of participating in political
activities, levelled against him, was
found to be baseless.

6.
Learned State Counsel, however,
submits that petitioner is serving in the
same institution since last more than
fifteen years. He submits that as per
conditions of service, the Teachers and
Headmasters of Primary Schools are

liable to be transferred from one school
to another at regular intervals. Thus, he submits that there is nothing wrong if petitioner has been transferred from institution in question to some other nearby institution. He further points out that distance between the two institutions is less than 15 kilometres, therefore, there no prejudice caused to the petitioner by the impugned transfer order.
7. This Court finds substance in the submission made by learned State Counsel.
8. Having regard to the long continuance of the petitioner in the same institution, this Court declines to interfere in the matter.
9. The writ petition, accordingly fails, and is dismissed. There shall be no order as to costs. (Manoj Kumar Tiwari, J.) 07.04.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e 4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D0 95C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.04.08 09:52:17 +05'30'

liable to be transferred from one school

to another at regular intervals. Thus, he
submits that there is nothing wrong if
petitioner has been transferred from
institution in question to some other
nearby institution. He further points out
that
distance
between
the
two
institutions is less than 15 kilometres,
therefore, there no prejudice caused to
the petitioner by the impugned transfer
order.

7.
This Court finds substance in the
submission
made
by
learned
State
Counsel.

8.
Having
regard
to
the
long
continuance of the petitioner in the same
institution,
this
Court
declines
to
interfere in the matter.

9.
The writ petition, accordingly fails,
and is dismissed. There shall be no order
as to costs.
(Manoj Kumar Tiwari, J.)
07.04.2026
Navin
NAVEEN
CHANDRA
Digitally signed by NAVEEN CHANDRA
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e
4403d3c0a15, postalCode=263001, st=UTTARAKHAND,
serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D0
95C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA
Date: 2026.04.08 09:52:17 +05'30'

Rajesh Saini v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Rajesh Saini v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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