WPSS/1431/2013 of Smt Urmila Manwal Vs State Of Uttarakhand AND ANOTHER

Court: Uttarakhand High Court
Decision date: 2013-12-10
Bench: DISTRICT HARIDWAR
Case number: 1431 of 2013

Parties

WPSS/1431/2013 of Smt Urmila Manwal (PETITIONER)
State Of Uttarakhand AND ANOTHER (RESPONDENT)

Cites (1)

B.S. JOSHI AND ORS. versus STATE OF HARYANA AND ANR. (2003)

Statutes cited (1)

indian penal code (1860)

Full text

solid underline = linked page · dashed underline = case is in our corpus, page not published yet · dotted red = recognized reference, not in our corpus

Show all Body

WPSS No.1431 of 2013Hon’ble V.K. Bist, J.

Mr. Ashok Agarwal, Advocate for the petitioner.

Mr. Subhash Upadhyay, Standing Counsel for the State.

Heard learned counsel for the parties.

Present petition has been filed by the petitioner challenging the order-dated 15.09.2013 passed by the respondent no.2 (so far it relates to the petitioner).

The contention of the learned counsel for the petitioner is that teachers, who had completed their tenure in their respective schools, have been left for transfer and thus, this act of the respondents is discriminatory and illegal. Learned counsel for the petitioner submitted that the husband of the petitioner is also working in education department and for last 25 years, he has been working in remote area, but despite this he has not prayed for his transfer in Sugam area, as his wife, the present petitioner, is looking after his children. He submitted that the children of the petitioner are studying in Dehradun and in case the petitioner would be transferred in mid session, the examination of her children would be badly affected.

Mr. B.P.S. Mer, Brief Holder for the State submitted that there is provision under Rule 26 of the Transfer rules under which the petitioner can file appeal.

Considering the submission advanced by the learned counsel for the parties, the writ petition is disposed of by

permitting the petitioner to submit representation before the competent authority within one week from today. In case such representation is filed by the petitioner, the competent authority shall take decision on the representation of the petitioner, in accordance with law, within period of fifteen days’ from the date of filing of representation along with the certified copy of this order.

Stay application also stands disposed

No order as to costs.

Let certified copy of this order be supplied to the learned counsel for the parties within 24 hours on payment of usual charges.

Arpan

(V.K. Bist, J.)

27.09.2013