RENU RANA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred against the order passed by the learned Single Judge in Writ Petition (SS) No. 819 of 2019 dtd. 8/4/2019.

(2.) The appellant herein filed the said writ petition seeking a writ of certiorari to quash the order dtd. 23/3/2019 (which Sri B.D. Pandey, learned counsel for the appellant-writ petitioner states, was erroneously typed and the date of the order should have been 23/2/2019); and a writ of mandamus commanding and directing respondent nos. 3 and 4 to pass an order afresh, on the petitioner's representation as per law, after affording her an opportunity of hearing.

(3.) Facts, to the limited extent necessary, are that the appellant- writ petitioner was posted in the Government Primary School, Goth, Janupur, District Tehri Garhwal, which is 'D' category Durgam. She has been working there for the past eight years. She submitted her application, in terms of Sec. 6 of the Uttarakhand Annual Transfer for Public Servants Transfer Act, 2017 (for short 'the 2017 Act'), furnishing her choice of ten different places of posting. On the ground that she was transferred from the Government Primary School, Goth, Jaunpur to the Government Primary School, Dhalwala, Narendra Nagar, (both located in the same district of Tehri Garhwal), she invoked the jurisdiction of this Court by filing Writ Petition (SS) No. 2245 of 2018. A learned Single Judge of this Court disposed of the writ petition, by his order dtd. 14/11/2018, directing the appellant-writ petitioner to move a representation to the District Education Officer (Elementary Education), District Tehri Garhwal, and the latter was directed to decide the appellant-writ petitioner's representation and to pass an appropriate order in accordance with law, as expeditiously as possible, preferably within a period of three weeks from the date of production of a certified copy of the order. The earlier interim order dtd. 17/7/2018, interdicting the transfer order, was vacated. The learned Single Judge, however, observed that till a decision is taken by the District Education Officer (Elementary Education), District Tehri Garhwal, status quo as on that date should be maintained.