COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 4139/2001 Smt. Bimla Tewari …….Petitioner Versus Director Basic Education, Uttaranchal And Others ……Respondents Sri B.D. Upadhyay, learned Counsel for the petitioner. Sri H.M. Raturi, learned Standing Counsel for the respondents. 30th April, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, the petitioner has prayed for a writ of certiorari for quashing the order dated 1.2.2001, contained in Annexure No. 4 to the writ petition, whereby her promotion was cancelled. 2. Petitioner was appointed on the post of Assistant Teacher on 29.9.1982 at Primary School Amthal, District Pithoragarh. Thereafter petitioner was transferred on her own request from district Pithoragarh to district Almora vide order dated 7.7.1995. In the year 1997, district Bageshwar was carved out from district Almora. After carving out of district Bageshwar petitioner was transferred to district Bageshwar. On 4.9.2000, an advertisement was issued to fill up the vacant posts of Assistant Teacher in Junior High School in district Almora and Bageshwar by way of promotion from those Assistant Teachers of the Primary Schools of the said districts, who had entered into service till 1985. 2 Petitioner applied in pursuance of the said advertisement and was promoted as Assistant Teacher in Junior High School vide order dated 25.9.2000, contained in Annexure No. 3 to the writ petition. Thereafter vide the impugned order dated 1.2.2001, promotion of the petitioner was cancelled on the ground that the petitioner was transferred from district Pithoragarh to district Almora on her own request in the year 1995 and according to the rules, after the inter-district transfer, her seniority in the new district shall be considered w.e.f. the date of her joining in the new district. 3. After having heard learned Counsel for the parties, I do not find any merit in the writ petition inasmuch as the petitioner was transferred in the year 1995 on her own request, while others were appointed prior to that and as per the general rules, after transfer from district Pithoragarh to district Almora on her own request, she was placed in lower rank in seniority list in the district. Conditions are mentioned in the transfer order itself (Annexure 1 to the writ petition). Therefore, she could not be within the zone of consideration. Petitioner had concealed this vital information about her inter-district transfer on her own request at the time of interview. Therefore, the impugned order of cancellation does not suffer from any illegality or infirmity. 4. The writ petition being devoid of merit is dismissed accordingly. No order as to costs. (P.C. Verma, J.) 30.4.2008 Prabodh