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Judgment
Hon’ble Pankaj Purohit, J.
At the outset, learned counsel for petitioner submits that petitioner does not want to press Relief Clause No.(a) of the Prayer Clause.
Accordingly writ petition is dismissed as not pressed so far as Relief Clause No.(a) is concerned.
Petitioner is working as an Assistant Teacher, L.T. Grade (Physical Education) in Government Higher Secondary School, Gudlekh, Syaldey, District-Almora. Since petitioner is a divorcee he made an application to respondent no.4-Additioanl Director, Secondary Education, Kumaon Division, Nainital, under provisions of Section 17(1)(b)(5) of Uttarakhand Public Servants Annual Transfer Act, 2017 (hereinafter referred to as “Act of 2017”) for transferring him in any one of the schools mentioned in his application dated 18.07.2026. In the said application, petitioner has given ten options and out of these ten options the post of Assistant Teacher, L.T. Grade, (Physical Education) is vacant only in Option No.8 i.e., Government Inter College, Banskhera, Kashipur, Udham Singh Nagar, therefore he submits that he should be transferred to that school acting under the aforesaid provisions of Act of 2017. But unfortunately the application of the petitioner has not been considered and various transfers have been made by respondent on 27.08.2026 but petitioner has not been transferred. When application of petitioner has not been considered and he has not been transferred, petitioner has submitted a representation to respondent no.4 on 31.08.2026, annexure no.5 to writ petition, which is still pending disposal. It is feeling aggrieved, petitioner is before this Court.
Learned counsel for petitioner submits that if respondent no.4 is directed to take a decision on application as well as representation of petitioner within a stipulated time, the ends of justice would be met.
Learned counsel for State has no objection if such an order is passed.
Accordingly writ petition is finally disposed of. Respondent no.4 is directed to take a decision immediately on application dated 18.07.2026 as well as representation dated 31.08.2026 within a period of two weeks’ from date of production of certified copy of this order and pass appropriate order keeping in view the provisions of Section 17(1)(b)(5) of Act of 2017 and transfer petitioner in the school mentioned at Sr. No.8 of options given by him in application dated 18.07.2026, if it is still vacant.
