HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.254 of 2011 (S/S) Arvind Kumar Gupta .…Petitioner Versus State of Uttarakhand & others ...Respondents Mr. Ramji Srivastava, Advocate present for the petitioner. Mr Dinesh Gahtori, Standing Counsel present for the respondents. Hon’ble V.K. Bist, J. Petitioner is a handicapped person. He made representation for his transfer to plain area. Considering the representation of the petitioner the Secretary, Uttarakhand Government passed an order on 27th December, 2010 transferring the petitioner from Government Inter College Nagdev Fathuld, Tehri Garhwal to Government Higher Secondary School Tatawala, Bhagwanpur Haridwar. Said order was passed in the light of Government Order dated 07.01.2011. But, inspite of the order of the Secretary (Education), neither petitioner has been relieved nor he has been given posting at the transferred place. On 24.03.2011 the respondents were granted three weeks’ time for filing counter affidavit. Again on 23.05.2011 three weeks’ further time was granted to the respondents to file counter affidavit but no counter affidavit has been filed till date. Since no counter affidavit has been filed by the respondents, it will be assumed that respondents do not propose to file any counter affidavit. Infact, the Education Secretary of the State Government has already passed the 2 transfer order in favour of the petitioner but it appears that same is not being implemented. Heard. After hearing learned counsel for the parties and after considering the fact that the petitioner is unnecessarily being harassed, this Court is constrained to pass an order in favour of petitioner directing the Secretary (Education) to issue necessary direction to the concerned officer to relieve the petitioner without any delay and also direct the District Education Officer, Haridwar to ensure that the petitioner is permitted to join at the transferred place. If, during last six months the post where petitioner is transferred is filled by way of transfer of any other incumbent, it will be open for the respondent no.1 to pass fresh order within a period of one month for the posting of the petitioner at nearby place. Respondent no.1 will also see that the subordinate officers should comply the order passed by him and will not harass the petitioner, who is a handicapped person. The writ petition is disposed of. Urgency Application No.2266 of 2011 as well as Interim relief application no.2166 of 2011 also stand disposed of. (V.K.Bist. J,) 17.06.2011 Arti 3