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Judgment
Hon’ble Pankaj Purohit, J.
Petitioner has filed the present writ petition seeking a writ of mandamus commanding the respondent no. 3-Additional Director, Secondary Education, Kumaon Mandal, Nainital, to transfer the petitioner to Government Girls Inter College, Pantnagar, Block Rudrapur, District U.S. Nagar, from Government Girls Inter College, Banbasa, District Champawat.
The case of the petitioner is that petitioner is working as Assistant Teacher, L.T. Grade (English) and she is a widow and mother of two daughters, one is studying in VII Standard at Bhartiyam School, Rudrapur, and the elder one is pursuing coaching for MBBS from Haldwani. The husband of the petitioner expired on 08.05.2024 in a road accident. Petitioner seeks her transfer under Section 17(1)(b)(v) of the Uttarakhand Annual Transfer For Public Servants Act, 2017 (for short “the Act, 2017”).
Learned counsel for the petitioner submits that Section 17(1)(b)(v) provides for transfer on request by a widow. He further submits that petitioner has made an application to the respondent no. 3 on 05.09.2026, annexure-5 to the writ petition, whereby she sought to be transferred from Government Girls Inter College, Banbasa, District Champawat, to Government Girls Inter College, Pantnagar, Block Rudrapur, District U.S. Nagar, where, according to the petitioner, the post of Assistant Teacher, L.T. Grade (English), is vacant.
Learned counsel for the petitioner submits that if respondent no.3 is directed by this Court to decide the application of the petitioner sympathetically in view of the provisions of Section 17(1)(b)(v) of the Act, 2017, within a stipulated time, the ends of justice would be met.
Learned counsel for the respondent/State has no objection if such an order is passed by this Court.
Accordingly, the writ petition is finally disposed of. Respondent no.3 is directed to decide the application dated 05.09.2026, annexure-5 to the writ petition, within a period of two weeks from the date of production of a certified copy of this order, sympathetically and taking conscious note of the provisions of Section 17(1)(b)(v) of the Act, 2017. It is provided that till decision is taken on the application of the petitioner, the vacancy on the post of Assistant Teacher, L.T. Grade (English), in Government Girls Inter College, Pantnagar, Block Rudrapur, District U.S. Nagar, shall not be filled up.
Pending application, if any, stands disposed of accordingly.