LAWS(UTN)-2025-4-79

KAMAL SINGH Vs. STATE OF UTTARAKHAND

Decided On April 05, 2025
KAMAL SINGH Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) The challenge in this petition is made to the Standard Operating Procedure ("SOP") dtd. 23/12/2024 issued by the respondent no. 1 with regard to cadre transfer of Assistant Teacher LT Grade. The challenge is also made to a communication dtd. 6/3/2025 made by the Director, Secondary Education, Uttarakhand by which it was conveyed that the transfer order pursuant to cadre transfer of Assistant Teacher LT Grade will be distributed by the Minister.

(2.) The petitioners are guest teachers working in different schools in the Sate of Uttarakhand.

(3.) It is the case of the petitioners that in the State of Uttarakhand, the transfers of Government servants are governed by the Uttarakhand Annual Transfer of Public Servants Act, 2017 ("the Transfer Act, 2017"). It provides for transfer of Government servants under different categories and in different manners. The transfer session starts from 1st April and ends on 31st March of subsequent year. But, in between, on 23/12/2024, the impugned SOP has been issued by the respondent no. 1 for facilitating the transfer of Assistant Teachers LT Grade by change of region/cadre and it has been permitted to such teachers, who have rendered five years satisfactory service in their cadre/region.