STATE OF UTTARAKHAND AND OTHERS Vs. MAMTA DEVI

JUDGEMENT

(1.) Appellants are the respondents in the writ petition. The writ petitioner was working as an Assistant Teacher in the Government Primary School in District Bageshwar. Her husband appears to be posted as an employee in the Collectorate at Nainital. She sought transfer to District Nainital. The writ petitioner sought the following reliefs in the writ petition:

(2.) Learned Single Judge noted the stand of the appellants that the writ petitioner had not completed five years. The learned Single Judge further noted, however, that by order dated 001.2017, 14 persons have been transferred. The learned Single Judge, thereafter, concludes that it is a case of discrimination; there should be uniformity in all the decisions taken by the State Government; the decision not to transfer the petitioner and to accommodate the persons mentioned at Serial Nos. 1 to 14 by letter dated 001.2017 is unreasonable and arbitrary. Learned Single Judge, thereafter, allowed the writ petition by directing the appellants to transfer the petitioner from District Bageshwar to Nainital within a period of three weeks from the date of the judgment.

(3.) In Appeal, we heard Mr. Rajeev Singh Bisht, learned Brief Holder for the State of Uttarakhand / appellants and we also heard Mr. T.A. Khan, learned Senior Counsel appearing on behalf of the writ petitioner.