The Uttarakhand High Court has directed the District Education Officer, Rudraprayag to take appropriate decision, in accordance with law, within three weeks regarding the representation of the Petitioner.
The petitioner is an Assistant Teacher (Language) in Government Upper Primary School, Devar, Ukhimath, District Rudraprayag, where she was posted in September, 2018. According to the petitioner, her transfer to the said school in 2018 was a mutual transfer with one Mr. Rajkumar, who had sought transfer to the school where petitioner was serving.
The petitioner is aggrieved by the order dated 12.04.2021, whereby she has been adjusted in Government Upper Primary School, Uthind, Ukhimath, District Rudraprauyag. This writ petition is directed against the said order passed on 12.04.2021 by District Education Officer, Elementary, Rudraprayag.
The Counsel for the petitioner submits that by the impugned order, the petitioner has been adjusted in some other school in Block Ukhimath on the ground that one Satye Singh Aswal, who was posted as regular language teacher in Government Upper Primary School, Devar, where petitioner is presently serving, was transferred to some other school in the year 2018, since Satye Singh Aswal did not join at the transferred place, therefore, by treating him to be posted in Government Upper Primary School, Devar, the petitioner is being treated as surplus. Therefore, by the impugned order, petitioner has been adjusted in some other school.
The Counsel for the petitioner submitted that petitioner is in no manner responsible for non-joining of Satye Singh Aswal at the transferred place. Thus, according to him, the respondent-authority is not justified in passing the impugned order against the petitioner for a lapse committed by Satye Singh Aswal.
P.C. Bisht, Additional C.S.C. who appeared for the State stated that transfer is an incidence of service. He further stated that if the petitioner is aggrieved by her adjustment in some other school by the impugned order, then instead of straightway rushing to this Court, she should have approached the Competent Authority, by making a representation.
A Single Bench of Justice Manoj Kumar Tewari after hearing the arguments ordered that the Writ Petition is disposed of with liberty to the Petitioner to make representation to the District Education Officer, Elementary, Rudraprayag within seven days from today. If such representation is made within the stipulated time, the District Education Officer concerned shall look into the matter and take appropriate decision, in accordance with law, within three weeks from the date of receipt of representation along with certified copy of this order.
“For a period of four weeks or till decision is taken, whichever is earlier, status quo as of today shall be maintained qua the posting of the Petitioner, ” the order reads.