WPSS No. 317/2010 Hon’ble Tarun Agarwala J. Mr. M. S. Tyagi, the learned counsel for the petitioner. Mr. K. C. Tiwari, the learned brief holder for the State. Inspite of repeated time being granted, no counter affidavit has been filed. The petitioner is an Assistant Teacher and has served 16 years of continuous service in a “Durgam area”. The petitioner made a representation that he should be transferred to Sugam area as per the government policy, which was in operation of that moment of time. The said representation was rejected by an order dated 3rd April, 2010 on the ground that earlier policy has come to an end, and that, the new policy for the session 2009-2010 has not been introduced so far. The petitioner’s representation was accordingly rejected with a direction that as and when a new policy comes into existence, the petitioner could apply afresh. The petitioner, being aggrieved by this order, has filed the present writ petition. Admittedly, the transfer policy which was existing contemplated that if a person had put in 5 years of service in a “Durgam area” then his application for transfer to a “Sugam area” would be considered at the end of the academic session. Since no counter affidavit has been filed inspite of repeated time being granted and the averments mentioned in the writ petition remains unrebutted, the court has no option but to allow the writ petition. In view of the uncontroverted facts that the petitioner has worked in a “Durgam area” continuously for the last 16 years, he is liable to be transferred to a “Sugam area”. Consequently, the impugned order is quashed and the writ petition is allowed. A Mandamus is issued to the Director, School Education Dehradun respondent no.2 to issue a transfer order transferring the petitioner to a “Sugam area” within six weeks from the date of the production of a certified copy of this order. (Tarun Agarwala, J.) Dated:2.6.2010 Nishant