Rashmi vs State Of Uttarakhand & Ors.

Hon’ble Pankaj Purohit, J.

Petitioner is working as an Assistant Teacher in Government Primary School, Chaturbhoj, Bhaisiyachhana, District Almora, Kumaon Mandal, Uttarakhand. Petitioner is a disabled person and her disability is 42%, as per the disability certificate annexed by the petitioner as annexure-2 to the writ petition, issued by the Chief Medical Officer, Uttarkashi. Petitioner joined service in the Government Primary School in the year 2022 and, as her first appointment, she was posted in aforesaid Primary School. After putting in more than four years of service, petitioner applied for her transfer to Garhwal Mandal, and applications have been submitted by her. The applications submitted by the petitioner earlier have not been considered, so a latest application dated 05.09.2026 has now been filed by the petitioner in the prescribed format before the Competent Authority in the department through proper channel, i.e., the Head Master of Government Primary School, Chaturbhoj, Bhaisiyachhana, District Almora, Kumaon Mandal, Uttarakhand, for her transfer from Kumaon Mandal to Garhwal Mandal.

Learned counsel for the petitioner submits that, on earlier occasions also, teachers in Primary Schools have been transferred from Kumaon Mandal to Garhwal Mandal, and he has cited the examples of Shri Ranjan Bisht and Smt. Renu Kataria, who have been transferred from Kumaon Mandal to Garhwal Mandal. He further submits that the ends of justice would be met if a direction is issued to the Director, Elementary Education, i.e., respondent no. 2, to consider the application for inter-regional transfer dated 05.09.2026 sympathetically and in a time-bound manner.

Learned counsel for the respondents has no objection if such an order is passed by this Court.

In view of the above, the writ petition is finally disposed of. Respondent no.2, Director, Elementary Education, Uttarakhand, Dehradun, is directed to take a decision on the application of the petitioner dated 05.09.2026, annexure-8 colly to the writ petition, within a period of six weeks from the date of production of a certified copy of this order, sympathetically, especially giving due consideration to the disability of the petitioner, and to transfer her from Government Primary School, Chaturbhoj, Bhaisiyachhana, District Almora, to any school in Garhwal Mandal.

Pending application, if any, stands disposed of accordingly.