WPSS/1282/2022 of MAHESH PRASHAD GIRI Vs ADDITIONAL DIRECTOR PRIMARY EDUCATION GARHWAL MANDAL

Court: Uttarakhand High Court
Decision date: 2022-09-02
Case number: 1282 of 2022

Parties

WPSS/1282/2022 of MAHESH PRASHAD GIRI (PETITIONER)
ADDITIONAL DIRECTOR PRIMARY EDUCATION GARHWAL MANDAL (RESPONDENT)

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|**SL.** **No**|**Date**|**Office Notes, reports,** **orders or** **proceedings or** **directions and** **Registrar’s order with** **Signatures**||**COURT’S OR JUDGES’S ORDERS**|
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|||||WPSS No. 1282 of 2022 **Hon’ble Man oj Ku m ar Tiw ar i, J.** Mr. Sandeep Kothari, Advocate for the petitioner. Mr. Narain Dutt, Brief Holder for the State of Uttarakhand. Heard learned counsel for the parties. Petitioner belongs to the cadre of Junior High School Teachers. He is aggrieved by his transfer vide order dated 25.06.2022. Perusal of the transfer order reveals that he has been transferred from Senior Basic School Markhoda, Block Khirsu, District Pauri Garhwal to Senior Basic School Palli Gaun, Block Rikhnikhal, District Pauri Garhwal. Learned counsel for the petitioner contends that petitioner’s transfer is bad, as he was assigned duties of Coordinator in Cluster Resource Center on 25.02.2022, therefore, showing him as serving in Senior Basic School Markhoda, is erroneous. He has also placed reliance upon Government Policy in support of his contention that petitioner’s transfer is bad.|

||||Learned Brief Holder, however, submits that since Government Senior Basic School, where petitioner was posted, was upgraded as Intermediate College and petitioner had become surplus in the said institution, therefore, for short while, he was given additional charge as Coordinator of Cluster Resource Center. He further submits that since there is dearth of Junior High School Teachers, therefore, with view to utilize services of the petitioner for the benefit of students in Junior High School, where post of Teacher is lying vacant, petitioner has been transferred. He, therefore, submits that the said transfer order is in public interest. Since petitioner holds transferable post, therefore, in the absence of any allegation of malice or violation of Rules, interference with the transfer order is not warranted. Accordingly, the writ petition fails and is dismissed. There will be no order as to costs. **( Man oj Ku m ar Tiw ar i, J.)** 08.07.2022 _Arpan_|
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