IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 969 of 2005 (S/S) Smt. Rajeshwari Rawat Presently posted as Assistant Teacher Purva Madhyamik Vidhyala Sutmil, Kashipur District Udham Singh Nagar ……..Petitioner Versus 1. State of Uttaranchal through Secretary Education, Uttaranchal Shasan Dehradun 2. Director of Education Uttaranchal, Deharadun 3. District Education Officer Udham Singh Nagar District Udham Singh Nagar …….Respondents Sri Kamaljeet Narayan, learned counsel for the petitioner Sri H. Behwal, learned standing counsel for the respondents Hon’ ble B.C. Kandpal, J. By means of this writ petition a relief has been sought in the nature of certiorari quashing the impugned transfer order dated 30.06.2005 of (annexure No. 2 to the petition) passed by the respondent No. 3. Brief facts giving rise to this petition are that the petitioner was appointed as Assistant Teacher in Primary School, Amritnagar No. 2 Gadarpur District Udham Singh Nagar in the year 1980. Thereafter, the petitioner was posted several places and now presently she is posted in Purva Madhyamik Vidhyala, Nurpur Kashipur, District Udham Singh Nagar. Feeling aggrieved by the aforesaid transfer order, the petitioner has preferred this writ petition before this Court. Heard learned counsel for the petitioner as well as learned standing counsel for the State and perused the record. Learned counsel for the petitioner has invited my attention towards the Government Order No. 718/XXIV(2)/2005 dated 13.05.2005 Providing the Rules for Transfer of Teacher relating to Basic and Secondary Education. Learned counsel for the petitioner has submitted that according to above mentioned transfer policy para No. 4, the teacher who is posted at a particular place for a very long period i.e. a stay of 10 years or more is entitled for transfer. The Government Order of the State defines as under:- ^^ 10 o"kZ ;k mlls vf/kd Bgjko okys f”k{kdksa dh lwph cukrs le; xEHkhj jksx@ chekjh fodykaxrk] v/;kid ifr&iRuh rFkk lsokfur`fRr ds 2 o"kZ vFkok mlls de vof/k okys f”k{kdksa dks lfEefyr ugha fd;k tk,xkA** I do not find any force in the argument advanced by the learned counsel for the petitioner. The record shows that the petitioner has already made a representation before the respondent No. 3 i.e. District Education Officer, Udham Singh Nagar on 08.07.2005 which has been filed as annexure 4 to the petition and that representation is yet to be decided. In view of above discussion, the respondent No. 3 is directed to decide the representation of the petitioner dated 08.07.2005 provided the petitioner shall file the certified copy of the judgment passed by this court within a period of 15 days and the respondent No. 3 shall thereafter decide the representation of the petitioner in the light of the Government Order dated 13.05.2005 within a period of 15 days by passing the speaking and reasoned order. With the aforesaid observations, the writ petition is finally disposed of. (B.C. Kandapal, J.) 16.07.2005 ASWAL