The court established that the Transfer Act, 2017 and the Uttarakhand Annual Transfer for Public Servants Act, 2017 did not apply to transfers outside the cadre, and upheld the employer's right to transfer and post employees.

JUDGMENT

Raghvendra Singh Chauhan, CJ. - The appellant has challenged the legality of the judgment dated 19.11.2020, passed by a learned Single Judge in Writ Petition (S/S) No. 2805 of 2019.

2. Briefly, the facts of the case are that appellant is serving as Assistant Teacher in a Basic School, run by Government of Uttarakhand. She filed WPSS No. 2805 of 2019, challenging the order dated 06.11.2019 passed by Deputy Education Officer, Doiwala, Dehradun, whereby the Head Masters of the concerned school were asked to relieve the writ petitioner.

3. Teachers of Basic Schools belong to a District Level Cadre, as they are appointed by the District Education Officer and they are liable to be transferred within the District only. Since Basic School Teachers had been representing for their transfer outside the District, therefore, the State Government issued Government Order dated 21.11.2016, wherein it was provided that Basic School Teachers can be transferred outside the District for a specified time, on their request, with the condition that their lien shall be maintained in their original cadre, they shall be repatriated upon completion of the period specified in their order of transfer, and further their seniority will be maintained in their original cadre.

4. Pursuant to Government Order dated 21.11.2016, appellant was transferred from Hill Districts of Uttarakhand to District Dehradun in the year 2017; she joined duties at the transferred place and started performing her duties. Since other Basic School Teachers, who could not get benefit of inter-district transfer, had been making representations to extend similar benefit to them also, therefore, the Director, Elementary Education issued one letter dated 11.04.2018 to Secretary, School Education to cancel the Government Order dated 21.11.2016, which permitted inter-district transfer. Ultimately, the State Government, vide Office Memo dated 25.04.2018, cancelled the Government Order dated 21.11.2016. In the said Office Memo, it was provided that all transfers, made pursuant to Government Order dated 21.11.2016, shall also stand cancelled; a direction was issued to all Basic School Teachers to join duties in their parent cadre. A large number of writ petitions were filed challenging the Government Order dated 25.04.2018. The said writ petitions were dismissed by a common judgment dated 26.10.2018. However, liberty was given to the petitioners in those writ petitions to make a representation before the Competent Authority with direction to Competent Authority to take decision on such representation sympathetically, in accordance with law.

5. Consequently, the appellant also made a representation in terms of the judgment dated 26.10.2018 rendered in WPSS No. 1406 of 2018 and other connected writ petitions. Her representation was rejected by the Director, Elementary Education by reasoned order. Subsequently, when appellant was asked to go back to the original schools in hills, from where she was transferred, she filed WPSS No. 2805 of 2019. The said writ petition was dismissed by learned Single Judge vide judgment dated 26.11.2019. Hence, the present appeal before this Court.

6. Learned counsel for the appellant submits that the Transfer Act, 2017 provides the time schedule for effecting transfers and Section 23 of the said Act provides 10th June, as the last date for transfer. Thus, according to him, the order of relieving is passed in violation of provisions of the Transfer Act. It is further contended that since similarly situate persons have been allowed to continue at the present place, and the appellant is singled out by passing a relieving order against her, hostile discrimination is being practiced against the appellant.

7. Heard the learned counsel for the appellant.

8. A perusal of the Government Order dated 27.09.2019 reveals that the State Government, after examining the documents produced by Basic School Teachers along with their representations, decided to grant exemption from