HIGH COURT OF UTTARANCHAL AT – NAINITAL Writ Petition No. 776 (S/S) 2004 Smt. Rama Pant W/o Sri C.K. Pant, R/o Alakhnanda Enclave, G.M.S. Road, Kanwali, Distt. Dehradun, …………..Petitioner. Vs. State of Uttaranchal through Secretary, Education, Civil Secretariat, Uttaranchal, Dehradun, And two others. …………..Respondents. Sri Rajendra Dobhal, learned counsel for the petitioner. Learned Standing Counsel for the respondents. Hon’ble M.M. Ghildiyal, J. Heard Sri Rajendra Dobhal, learned counsel for the petitioner and leaned Standing Counsel for the respondents. The petitioner, who is a L.T. Grade (General) Teacher in Govt. Girls Higher Secondary School, Shamshergarh, Dehradun, has prayed for quashing of the transfer order dated 25.06.2004 passed by the Addl. Director of Education , Garhwal Mandal, Pauri by which she has been transferred from Govt. Girls Higher Secondary School, Shamshergarh, Dehradun to Govt. Girls Higher Secondary School, Kandiya, Pauri Garhwal. Reason stated in the transfer order is that he petitioner is teaching inconsistent subject. The petitioner has submitted that she has passed her graduation with Sociology as a subject and she is teaching Social Science in the present Institution. The petitioner has also filed the performance certificate for the year 1998 to 2001, which reveals her success more than 85% on the subject, which she is teaching the Institution. Counsel for the petitioner has further submitted that since her husband was serving in the Zonal Branch of State Bank of India, Dehradun, she prayed for her transfer from Kashipur in the year 1998 and her prayer for her transfer from Kashipur in the year 1998 she was transferred from Kashipur to Shamshergarh, Dehradun Since she was transferred from one Division to another, therefore, accordingly to the Rules, she has lost her 16 years’ seniority in he L.T. Grade. 2 Counsel for the petitioner has further submitted that the children of the petitioner are studying in Class-V and IX from ICSC Board; the place where she been transferred now, there is no such facility. The petitioner has already moved a representation on 03.07.2004, annexure- 4 to the writ petition, through her husband which is still pending before Addl. Director, of Education, Garhwal Mandal, Pauri. Considering all these facts, I direct the petition to submit a copy of her representation to the Director of Education, Dehradun within seven days’ from today who shall decide the same, considering all the grievances of the petitioner raised through her representation, by a speaking order within a period of three weeks. The whole exercise shall be completed by 15th August 2004. Till 15th August 2004, the impugned order dated 25.06.2004 passed by Addl. Director of Education, Garhwal Mandal, Pauri, so far as it relates to the petitioner, shall be kept in abeyance. With these directions, the writ petition is disposed of finally. (M.M. Ghildiyal, J.) July 14, 2004: NCM: