UMA TAMTA Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Petitioner was appointed as Assistant Teacher (LT Grade) in Government Girls Inter College Paye Block Garur, District Bageshwar on 31.10.2007 and is working in the same school. Husband of petitioner namely Mr. Om Prakash Tamta is also working as Assistant Teacher (LT Grade) in Government Higher Secondary School, Naisela Block Bhimtal, District Nainital. On the basis of Uttarakhand Teacher (School Education) First Appointment, Promotion, and Transfer of Posting Rules, 2013 (for short "Rules 2013"), petitioner applied for transfer in the academic session 2016-17. Respondent Department had declared this Session as zero transfer session. However, vide Government Order dated 13.09.2016, it was directed to start transfer process in respect of certain category of teachers. Petitioner s application for transfer was not considered as she did not fall in the category specified in the Government Order. Feeling aggrieved, petitioner approached this Court by way of filing WPSS No. 97 of 2017. This Court vide order 13.01.2017 was pleased to direct the Additional Director of School Education (Secondary Education), Kumaon Mandal, Nainital to pass a speaking order within six weeks regarding transfer of the petitioner. In compliance of Court s order Addl. Director rejected the petitioner s application vide order dated 17.02.2017. Feeling aggrieved, petitioner has again approached this Court for quashing of order dated 17.02.2017 and seeking her transfer to any school situated in Udham Singh Nagar or in Block - Bhimtal.

(2.) Heard Mr. Jitendra Chaudhary, Advocate for the petitioner and Mr. M.S. Bisht, Brief Holder for the State of Uttarakhand / respondents.

(3.) As per Rule 10 of Rules, 2013, there are four types of transfers viz. (i) compulsory transfer (ii) transfer on request (iii) mutual transfer and (iv) administrative transfer. Petitioner applied for transfer under second category i.e. transfer on request. For transfer on request, certain criteria are laid down in the Rules. As per Rules (amended from time to time), employees, working as Government Teacher / Non Teaching Staff in the School of Education Department whose husband or wife working in X/Y category area, are entitled for transfer at the nearest place of posting of his spouse in Y category area schools only. Petitioner sought transfer in X category area schools, which is not permissible under the Rules. It is not the case of the petitioner that she sought transfer in Y category area and respondents have not considered it. This Court cannot direct the respondents to transfer the petitioner de hors the Rules.