IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 903 (SS) of 2007 Smt. Tara Pant, W/o Sri Trilokesh Pant, Assistant Teacher, Government High School, Bamori, Haldwani, R/o Bhatt Colony, Talli Bamori, Haldwani (Nainital). …………Petitioner. Versus 1. State of Uttarakhand, through its Secretary, Department of Education, Dehradun. 2. District Education Officer (Basic), Nainital. 3. Additional District Education Officer (Basic) Nainital. ………..Respondents. Hon’ble M.M. Ghildiyal, J Heard Sir Rajesh Joshi, learned counsel for the petitioner and learned standing counsel for State of Uttarakhand on behalf of respondents. By means of this writ petition, the petitioner has challenged order dated 05.06.2007 passed by Additional District Education Officer (Basic), Nainital by which petitioner has been transferred from Government Higher Secondary School, Bamori, Haldwani to Junior High School, Salakwar (Okhalkanda), District – Nainital. Learned counsel for the petitioner has submitted that she was transferred to Bamori on 13.03.2006 and within a period of one year and three months she has again been transferred and that too at a place which is 12 kms. away from motorhead though she has completed about 13 years of her service in durgam and ati durgam area. Learned counsel for the petitioner has submitted that petitioner was transferred to Bamori against the vacant post. However, from the perusal of the record, it reveals that post against which petitioner was sent to Bamori was in fact not vacant, the incumbent of that posts were promoted and have not joined the promoted post. Considering the fact that petitioner has already worked in durgam and ati durgam areas alleged by the petitioner for about 13 years and only after about one year and three months she has again been transferred, I deem it fit and proper to direct the petitioner to make representation before Additional District Education Officer (Basic), Nainital within a period of ten days from today and Additional District Education Officer (Basic), Nainital is directed to take decision on the representation of the petitioner within a period of fifteen days’ from the date of production of certified copy of this order along with representation and if possible, she may be transferred to some other convenient place, if posts are vacant. With this direction, writ petition as well as stay application no. nil of 2007 is disposed of. No order as to costs. (M.M. Ghildiyal, J) July 19, 2007 SKS