CHANDRAPAL SINGH Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) PRESENT petition has been filed by the Petitioner challenging the transfer order dated 06.10.2010 passed by Respondent No. 3 whereby Petitioner has been transferred from Government Inter College Pratappur, Kashipur to Government Higher Secondary School Pangla, District Pithoragarh on administrative ground.

(2.) LEARNED Counsel for the Petitioner confined his prayer for a direction to the Respondents for considering the representation of the Petitioner for transfer at nearby place as Petitioner is almost blind and cannot perform his duty at the remote hilly area. He submitted that Petitioner is at the verge of retirement and as per relevant Government Order he is entitled for posting at the district or nearest place. He also submitted that his family condition is such that he cannot move away from district Udham Singh Nagar as his wife is seriously ill and he is required to be there to look after her. He further submitted that the daughter of the Petitioner is studying in class 12th and in case Petitioner is compelled to join his transfer place, the study of his daughter will adversely be affected.

(3.) IN view of the submission of learned Counsel for the parties, the writ petition is disposed of with a direction to the Respondent No. 3 -Additional Director of Education, Nainital to decide the representation of the Petitioner sympathetically, within a period of fifteen days from the date of production of certified copy of the order. If Petitioner is still working in the institution he shall be permitted to continue till representation of the Petitioner is decided.