(1.) Present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers:-
(2.) Heard Mr. Vinod Tiwari, learned counsel for petitioner and Mr. G.S. Negi, learned Additional Chief Standing Counsel for respondents.
(3.) Mr. Vinod Tiwari, Advocate, submitted that the petitioner is posted as Assistant Teacher (Primary) in Government Adarsh Primary School, Dholakhera, Block Haldwani, District Nainital. She is about 58 years old. Her date of birth is 19/7/1967. She has been transferred to Government Girls Junior High School, Mukteshwar, Block Ramgarh, District Nainital. She sent her representation to the District Education Officer (Elementary Education), Nainital. One Pushpa Arya, the Assistant Teacher, is going to retire on 31/10/2025. She does not want to avail session benefit. Therefore, the petitioner is requesting to transfer her in place of Pushpa Arya, who is posted in Government Adarsh Junior High School, Chharayal Suyal, Block Haldwani, District Nainital and the petitioner is ready to forego her promotion till the date of superannuation of Smt. Pushpa Arya.