IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 671 of 2010 Smt. Urimila Rawat ...Petitioner Versus State of Uttarakhand and others …Respondents. Present : Sri D.S. Mehta, Advocate for the petitioner. Sri N.P. Sah, Standing Counsel present for the State of Uttarakhand. And Writ Petition (S/S) No. 937 of 2010 Smt. Urimila Rawat ...Petitioner Versus State of Uttarakhand and others …Respondents. Present : Sri D.S. Mehta, Advocate for the petitioner. Sri N.P. Sah, Standing Counsel present for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Sri D.S. Mehta, Advocate for the petitioner as well as Sri N.P. Sah, Standing Counsel for the State of Uttarakhand. The petitioner has filed the two writ petitions and since the issue, by and large, is similar in both the writ petitions, they are being decided altogether. While the petitioner was working as an Assistant Teacher in Government Junior High School Mala Pabo, Block Yamkeshwar, District Pauri Garhwal, vide order dated 2.7.2010 she was transferred from Government Junior High School Mala Pabo, Block Yamkeshwar, District Pauri Garhwal to Government Junior High School Sirasu, Block Yamkeshwar, District Pauri Garhwal. All the same, the petitioner was not permitted to join Junior High School, Sirasu. Consequently, she 2 moved a writ petition being Writ Petition (S/S) No. 671 of 2010 i.e. the first writ petition with the following prayers : “(i) Issue writ rule or direction in the nature of mandamus commanding the respondents to permit the petitioner to join and work as Assistant Teacher in Government Junior High School Sirasu Block Yamkeshwar District Pauri Garhwal. (ii) Issue writ rule or direction in the nature of mandamus commanding the respondents to pay the salary of the petitioner regularly along with all consequential benefits. (iii) Issue writ rule or direction which this Hon’ble Court may deem fit and proper under the circumstances of the case.” During the pendency of the writ petition the petitioner was again transferred to another school, namely, Junior High School Khera, Block Yamkeshwar, District Pauri Garhwal vide order dated 18.9.2010. The petitioner filed another writ petition being Writ Petition (S/S) No. 937 of 2010, wherein this transfer order dated 18.9.2010 was challenged. Vide an interim order passed by this Court dated 24.11.2010 the said transfer order was stayed. The petitioner is therefore presently working as an Assistant Teacher in Junior High School, Sirasu, Block Yamkeshwar, District Pauri Garhwal. The only relief the petitioner is now seeking is that she has not been given any salary since July 2010. From the averments made in the writ petition, it is clear that root cause of all these disputes is the first transfer of the petitioner on 2.7.2010 when the petitioner was transferred from Government Junior High School Mala Pabo, Block Yamkeshwar, District Pauri Garhwal to Government Junior High School Sirasu, Block Yamkeshwar, District Pauri Garhwal. 3 In the counter affidavit it has been stated stated that the petitioner was not given the joining, as there was no vacant post in Government Junior High School Sirasu, Block Yamkeshwar, District Pauri Garhwal. However, they had not replied to the main query which is that under what circumstances the petitioner was transferred when there was no vacant post available. The root cause is transfer of the petitioner from Government Junior High School Mala Pabo, Block Yamkeshwar, to Government Junior High School Sirasu, Block Yamkeshwar, for which the petitioner is not responsible. Transfer order of the petitioner dated 18.9.2010 passed by the District Education Officer, Pauri Garhwal is hereby set aside. The Secretary School Education, Government of Uttarakhand, Dehradun is hereby directed to release the salary of the petitioner including the arrears of salary forthwith and definitely within a period of six weeks from the date a certified copy of this order is produced before him. Both the writ petitions are accordingly allowed. No order as to costs. Sudhanshu Dhulia, J.) 27.5.2011 Avneet