IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 761 of 2009 (S/S) Smt. Leela Giri W/o Dr. Yogesh Chandra R/o Mangal Bhawan, Dhungadhara, Almora Presently posted as Incharge Asstt. Manager, Mahila Dairy Vikas, Pataldevi, Almora, District Almora. ...…………. Petitioner Versus 1. State of Uttarakhand through Secretary Co-operative Animal Husbandry, Dairy and Fisheries, Government of Uttarakhand, Dehradun. 2. Director Mahila Dairy Development Department Uttarakhand, Haldwani, District Nainital. 3. Additional Director Mahila Dairy Vikas, Uttarakhand, Almora. 4. Devki Kumari Bhoj Presently posted as Assistant Manager Mahila Dairy Vikas, Haridwar, Uttarakhand. ...…………. Respondents Alongwith Writ Petition No. 1038 of 2009 (S/S) Smt. Leela Giri W/o Dr. Yogesh Chandra R/o Mangal Bhawan, Dhungadhara, Almora Presently posted as Incharge Asstt. Manager, Mahila Dairy Vikas, Pataldevi, Almora, District Almora. ...…………. Petitioner Versus 2 1. State of Uttarakhand through Secretary Co-operative Animal Husbandry, Dairy and Fisheries, Government of Uttarakhand, Dehradun. 2. Director Mahila Dairy Development Department Uttarakhand, Dehradun. 3. Additional Director Mahila Dairy Vikas, Uttarakhand, Almora. ...…………. Respondents Mr. D.S. Bisht and Mr. Sanju Bhatt, Advocates for the petitioner. Mr. N.P. Sah, Standing Counsel for respondent No. 1. Mr. V.B.S. Negi, Advocate for respondents No. 2 and 3. Hon’ble Prafulla C. Pant, J. By means of these writ petitions, moved under Article 226 of the Constitution of India, the petitioner has challenged posting of respondent No. 4 Devki Kumari Bhoj (in writ petition No. 761 (S/S) of 2009), as Assistant Manager, Mahila Dairy Vikas, Almora, and she has further challenged her transfer as Incharge Assistant Manager, Mahila Dairy Vikas, Uttarkashi (in writ petition No. 1038 (S/S) of 2009). 2) Heard learned counsel for the parties and perused the papers on record. 3) Brief facts of the case, as narrated in these two writ petitions, are that the petitioner was working as Incharge Assistant Manager, Mahila Dairy Vikas, District Almora. Vide impugned order dated 14th of 3 July 2009 (challenged in writ petition No. 761 (S/S) of 2009), Devki Kumari Bhoj was transferred from District Haridwar to District Almora, as Assistant Manager. The petitioner challenged said order on the ground that the posting of Devki Kumari Bhoj at Almora, would result in reversion of the petitioner from the post of Incharge Assistant Manager, Mahila Dairy Vikas, Almora. Thereafter, vide impugned order dated 30th of September 2009 (challenged in writ petition No. 1038 (S/S) of 2009) the petitioner Leela Giri was transferred to District Uttarkashi and allowed to function as Incharge Assistant Manager in Mahila Dairy Development Project, at Uttarkashi. The petitioner challenged said transfer on the ground that her children’s education in the mid academic session is getting affected by said order. 4) Having heard learned counsel for the parties and after considering the submissions made on their behalf, this Court is of the view that the order posting Devki Kumari Bhoj as Assistant Manager, Mahila Dairy Vikas, Almora, suffers from no illegality, as said post was lying vacant, and the petitioner was only functioning as Incharge Assistant Manager. Therefore, the Writ Petition No. 761 (S/S) of 2009, is liable to be dismissed. As far as the petitioner’s transfer to Uttarkashi is concerned, the only grievance of the petitioner is that her children’s education is affected in the mid way. During arguments learned counsel for the 4 petitioner submitted that the petitioner may be allowed to join her duties at new place of posting by 31st of March 2010, so that the academic session of the children at Almora, may be over. To this, learned counsel for respondents No. 2 and 3 has no objection. 5) In the above circumstances, the Writ Petition No. 761 (S/S) of 2009 is dismissed. The Writ Petition No. 1038 (S/S) of 2009 is disposed of with the observation that the petitioner may be allowed to join her duties at new place of posting (Uttarkashi) by 31st of March 2010. No order as to costs. (All pending applications in both the writ petitions also stand disposed of). (Prafulla C. Pant, J.) Dt. December 09, 2009. H. Negi