HEEMA VERMA Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The petitioner before this Court is an Elementary School Teacher and presently imparting education in a Senior Elementary School i.e. Class VI to VIII in District Champawat. The petitioner has been transferred from Government Senior Secondary School, Tanakpur to Government Senior Secondary School, Amra vide order dated 14.09.2013, under the transfer policy of the State, which is known as "Uttarakhand Teachers (School Education) First Appointment Promotion and Posting Transfer Rules, 2013. The petitioner had challenged the said transfer order in a writ petition before this Court being WPSS No. 913 of 2015, which was dismissed vide order dated 26.05.2015. Aggrieved by the order of the learned Single Judge of this Court, the petitioner preferred an appeal before the Division Bench of this Court. Although the said appeal was ultimately dismissed by the Division Bench of this Court vide order dated 04.06.2015, but the Division Bench has granted opportunity to the petitioner to present her case by way of a representation to the relevant Education Authority. Consequently, the petitioner made a representation on 06.06.2015 to the authority concerned for cancellation of the transfer order dated 14.09.2013 (referred above).

(2.) Subsequently, the petitioner was informed that she does not have proper documents to support her case, as the case of the petitioner was that she is suffering from slip disc. The teachers, who are suffering from this medical ailment i.e. slip disc, are admittedly exempted from compulsory transfer under the Rules of 2013 (referred above).

(3.) All the same, since the petitioner did not have any supporting document to establish her case or to prove that she has a medical condition, which exempts her to the compulsory transfer, the Chief Education Officer granting ten days time to the petitioner on 22.06.2015 to submit medical certificates, but thereafter it appears that on 29.06.2015 her representation was rejected on the ground that she could not produce the Medical Certificate issued by the State Medical Board to support her case. Although the petitioner has not annexed the order dated 29.06.2015 in the present writ petition. The fact of the case is that the representation of the petitioner has already been rejected by the Education Authority vide order dated 29.06.2015 and the same has been produced by the State in its counter affidavit.