IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 925 (S/S) of 2007 Smt. Neeta Nayal W/o Sri Mahendra Singh Nayal Presently posted as Assistant Teacher Junior High School, Khola Block Dhaula Devi, District Almora ------ Petitioner Versus 1. State of Uttarakhand through Secretary Basic Education, Almora 2. Director, Education, State of Uttarakhand, Dehradun 3. Additional District Education Officer (Basic), Almora ------- Respondents Hon’ble M.M. Ghildiyal, J. Heard Sri Amish Tiwari, learned counsel for the petitioner and Sri Paresh Tripathi, learned Brief Holder for State of Uttarakhand for the respondents. By means of this writ petition, the petitioner has challenged the impugned order dated 11.06.2007 passed by Additional District Education Officer (Basic), Almora by which the petitioner, who was working as Assistant Teacher in Girls Junior High School Khola, Block Dhaula Devi District Almora, has been transferred and adjusted to Junior High School, Dhaulnaili, Block Bhaisiyachhana, District Almora on the ground that she is working in the institution against the inconsistent subject. The stand of the petitioner is that earlier she was transferred to Girls Junior High School Khola, Block Dhaula Devi, District Almora against a clear vacant post and still the strength of teachers in this school is not over, therefore, she was permanently transferred to the said school. Learned counsel for the petitioner has submitted that petitioner has already worked in durgam place for a period of more than 9 years and now again by the impugned order, she has been transferred to a durgam area, which according to the petitioner, is wholly illegal as she cannot be transferred to a remote area time to time once she had already posted there as per transfer policy. Learned Standing Counsel has submitted that as per the report of News Papers, the State Government is in dilemma as to which of the place/region of the State is to be classified as durgam, ati durgam and Sugam place. Learned counsel for the petitioner has submitted that in this regard, the petitioner raising all her grievances, has already moved a representation on 27.06.2007, Annexure 3 to the writ petition before respondent no. 3, Additional District Education Officer (Basic), Almora which is still pending before him. In the circumstances, I direct the Additional District Education Officer (Basic) Almora to take decision on the representation of the petitioner within a period of two weeks from the date of production of a certified copy of this order before him. The petitioner is also directed to produce a certified copy of this order before the Additional District Education Officer (Basic), Almora within a period of one week. Till 20th August, 2007 or till the representation is decided by Additional District Education Officer (Basic), Almora whichever is earlier, the petitioner shall not be relieved. With this direction, the writ petition is finally disposed of. All the pending applications stand disposed of. (M.M. Ghildiyal, J.) 20.07.2007 VKS