Saraswati Painuly vs State Of Uttarakhand And Others

Pankaj Purohit, J

Heard learned counsel for the parties.

Petitioner has impugned transfer order dated 30.07.2024 (Annexure No.2), by which, respondent No.5 has been transferred at Government Model School New Tehri, Chamba.

Pursuant to aforesaid transfer order, respondent No.5 has already joined at the School and now, after a period of almost one month, transfer order is being challenged by petitioner.

It is the contention of the learned counsel for the petitioner that the petitioner has submitted her application for transfer under Spouse Policy, but, ignoring the case of the petitioner, respondent No.5 was transferred and accordingly, he joined at the transferred place. Earlier, petitioner has also filed a writ petition (S/S) No.1390 of 2024 Saraswati Painuly vs. State of Uttarakhand and Others, whereby, the direction was sought against the respondents to transfer the petitioner in Government Model School, New Tehri as husband of the petitioner was posted nearby. Instruction was called and on the instruction, it was revealed that respondent No.5 has already been transferred vide order dated 30.07.2024 and he has already joined at the said School. That writ petition was dismissed in-limine vide this Court’s order dated 01.08.2024.

Now, petitioner has challenged the transfer order of respondent No.5. Transfer is exigency of service and it is nobody’s right to claim to be transferred to a particular place.

In this view of the matter, this Court declined to invoke the discretionary jurisdiction conferred under Article 226 of the Constitution of India. Accordingly, writ petition is dismissed in-limine.