LAWS(UTN)-2021-12-105

INDU PRABHA Vs. STATE OF UTTARAKHAND

Decided On December 17, 2021
Indu Prabha Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) The appellant has challenged the legality of the judgment dtd. 19/11/2020, passed by a learned Single Judge in Writ Petition (S/S) No. 2805 of 2019.

(2.) Briefly, the facts of the case are that appellant is serving as Assistant Teacher in a Basic School, run by Government of Uttarakhand. She filed WPSS No. 2805 of 2019, challenging the order dtd. 6/11/2019 passed by Deputy Education Officer, Doiwala, Dehradun, whereby the Head Masters of the concerned school were asked to relieve the writ petitioner.

(3.) Teachers of Basic Schools belong to a District Level Cadre, as they are appointed by the District Education Officer and they are liable to be transferred within the District only. Since Basic School Teachers had been representing for their transfer outside the District, therefore, the State Government issued Government Order dtd. 21/11/2016, wherein it was provided that Basic School Teachers can be transferred outside the District for a specified time, on their request, with the condition that their lien shall be maintained in their original cadre, they shall be repatriated upon completion of the period specified in their order of transfer, and further their seniority will be maintained in their original cadre.