Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

WPSS/ 997/ 2023

Hon’ble Manoj Kumar Tiwari, J

1. Mr. S.K. Mandal, learned counsel for

the petitioner.

2. Mr. D.K. Bankoti, learned Brief

Holder for the State of Uttarakhand.

3. Petitioner was serving as Assistant Teacher L.T. Grade. He was transferred from Government Inter College, Bara, District Udham Singh Nagar to Government Higher Secondary School, Kazina Punauli, District Champawat, vide order dated 26.06.2023. Thus, feeling aggrieved, by his transfer, petitioner filed

this writ petition.

4. The contention raised by learned counsel for the petitioner is that petitioner is a person with disability and as per disability certificate, his visual disability is to the extent of 40 per cent. Thus, he submits that as per provision contained in 3(e) Transfer Act of 2017, petitioner is exempted from compulsory

transfer.

5. Per contra, learned State Counsel submits that since petitioner had served at Sugam places for 16 years 6 months & 28 days, therefore, petitioner was liable to be transferred to a Durgam place, as

per provisions of Transfer Act.

6. Mr. S.K. Mandal, learned counsel for the petitioner submits that petitioner has served at Ati Durgam stations for 7 years, 3 months and 11 days. He further

submits that coordinate Bench had passed an interim order on 30.06.2023 staying the effect and operation of the impugned transfer order.

7. Since petitioner has served at Government Inter College, Bara on the strength of interim order passed on 30.06.2023, therefore, no useful purpose would be served by keeping this writ petition pending.

8. The writ petition is, accordingly, disposed of with liberty to petitioner to make representation to the Competent Authority. In the representation, petitioner may refer to all the Government Orders in support of his contention that persons with disability are exempted from compulsory transfer. If petitioner makes such representation within two weeks from today, Director, School Education shall take decision on petitioner’s representation within six weeks thereafter. For a period of eight weeks or till decision is taken on the representation, whichever is earlier, status quo as regards petitioner’s posting shall be maintained.

(Manoj Kumar Tiwari, J)

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