The Transfer Act of 2017 should be interpreted in a manner that protects the services rendered by employees under the Rules of 2013/14, and the Authority should consider the representation of the petitioners without rejecting it on the ground of limitation.

The bunch of present Writ Petitions has been preferred by the petitioners challenging the orders dated 19.09.2016 and 01.10.2016, annexed as Annexure Nos. 8, 9 & 10 to the Writ Petition as well as the transfer list dated 22.05.2018, which relates to the petitioners, contemplating to transfer them under the Compulsory Transfer Policy as framed under the Act.

2. The petitioners have filed the writ petition for the following reliefs:-

“(i) Issue a writ of certiorari to quash the impugned orders dated 19.09.2016 passed by respondent no.1 and order dated 01.10.2016 passed by respondent no.3 (Annexure Nos.8, 9 and 10 respectively to this writ petition).

(ii) Issue a writ of certiorari to quash the impugned transfer list issued by respondent no.4 on 24.05.2018 (Annexure No.02 of this writ petition) relates to the petitioner.

(iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to correct the service profile of the petitioner in accordance with the rules framed 2013 and 2014.

(iv) Issue any other or further writ, order or direction of the nature, which this Hon’ble Court may deem fit and proper in the circumstances of the case.

(v) To award the cost of the petition in favour of the petitioner.”

3. The precise question, which has been sought to be agitated by the petitioners, is that under the transfer rules, which was framed under Article 309 of the Constitution of India, as back as in 2013 regulating transfer conditions of the petitioners, it contemplated in it a process of categorizing the institutions and, under those categorization the Institutions in which the petitioners have rendered their services were determined as to be Durgam and, accordingly, their services which was determined as to have been rendered in Durgam Institution, the benefit of services rendered therein ought to have been carried forwarded while determining their categorization under the Act of 2017. The petitioners submit that the services rendered in Durgam cannot be rendered futile and it cannot be excluded from its determination under the Rules of 2017.

4. Briefly put the case of the petitioners are that by virtue of the notification dated 21.05.2013 which was issued by the State Government, it initially governed the provisions pertaining to the appointment of promotion and transferred of the teachers named as “Uttarakhand Shikshak (Vidyalayee Shikshak) Pratham Niyukti, Padonnati Evam Sthanantaran Paar Padsthapam Niyamawali-2013”.

5. The argument of the petitioner runs that the Niyamawali-2013 (hereinafter to be called as Rules of 2013), framed under Article 309 of Constitution of India, it were self contained rules which initially governed the criterions of categorization of various institutions in its rule 4(2)(Ka) dealt with Government Primary and Higher Primary Schools; Rule 4(2) (Kha) dealt with Government Madhyamik School which included in its High School and Intermediate Schools. The case of the petitioners is that based on the fact that under Rule 2013 in its Rule 5 provided Constitution of District Level Committee to consider classification Primary and Higher School and similarly Rule 5(2) provided Constitution of Divisional Level Committee for classification of High School and Intermediate Schools. Thereafter, it contained various provisions regards identification of institution in Rule 4, Categorization in Rule 5 by the Committee constituted therein, and ultimately the Transfer of Teachers already employed on the date of enforcement of rules as contained under Rule 10; which had categorized the transfers as to be (1) compulsory transfer; (2) Transfer on Request; (3) Mutual Transfer, and (4) Administrative transfers.

6. Ultimately, as per rules of 2013 framed under Article 306 of Constitution decision for various level of teachers are required to be taken by various Committees constituted fo