Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

WPSS/ 1001/ 2023

Hon’ble Manoj Kumar Tiwari, J

1. None present for the petitioner.

2. Mr. Narayan Bhatt, learned Standing Counsel for the State of

Uttarakhand.

3. Petitioner is serving as Assistant Teacher L.T. Grade. He was transferred from Government Inter College, Mehuwala, Dehradun to Government Inter College, Garwangaun Pratapnagar, District Tehri, vide order dated

26.06.2023.

4. Challenging his transfer, this writ petition was filed in 2023. The ground for challenge in the writ petition is that petitioner is suffering from Non-Hodgkin Lymohoma-B Cell Type (a type of Blood Cancer), therefore, he is exempted from

compulsory transfer.

5. Learned State Counsel, however, submits that at the time of his transfer in 2023, petitioner had served more than 17 years at Sugam and total service rendered by him at Durgam place is about two years & one month, therefore, as per Transfer Act, 2017, he was liable

to be transferred at a Durgam place.

6. A coordinate Bench vide order dated 11.07.2023 had stayed the effect and operation of the impugned transfer order. More than two years have gone by since passing of interim order, therefore, no useful purpose would be served by

keeping this writ petition pending.

7. The writ petition is, accordingly, disposed of by directing concerned Regional Additional Director to reconsider the transfer order passed in respect of petitioner and take decision, as per law, within six weeks from the date of presentation of certified copy of this order.

8. Learned State Counsel is also directed to communicate this order to the concerned Regional Additional Director. For a period of six weeks status quo qua petitioner’s posting shall be maintained.

(Manoj Kumar Tiwari, J)

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