IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.469 of 2011 (S/S) Kuldeep Kunwar ………..Petitioner Versus State of Uttarakhand and others …….Respondents Shri Tanuj Semwal, learned counsel for the petitioner. Shri Anil Bisht, learned Brief Holder for the State/respondents. Dated: 21st May, 2011 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. 2. Present petition has been filed by the petitioner for a direction to the respondent no.3 to decide the representation of the petitioner dated 16.05.2010 (contained as Annexure no.3 to the writ petition). 3. Facts in brief are that on 17.11.2005, the petitioner was appointed as Assistant Teacher in Government Primary School, Oder Deyal, Chamoli, which is situated at Ati-Durgam area of Chamoli District. He is continuously working in the said school from that day. Petitioner applied for his transfer to some Sugam area on 11.05.2008, 30.04.2009 and 16.05.2010. Transfer policy issued by the State Government provides transfer of the employees from Ati-Durgam area to Sugam area, provided such employee has completed five years continuous service 2 at Ati-Durgam place. Transfer policy further provides that those Teachers, whose children are suffering from diseases and who are handicapped or mentally retarded, they, for their treatment at particular place, will be entitled for transfer on their request. But, the application of the petitioner is still pending. Hence, this writ petition has been filed. 4. Learned counsel for the petitioner submitted that only son of the petitioner is handicapped, suffering from 41% disablement and is mentally retarded. Petitioner is required to take him for treatment to the Jolly Grant Hospital, Dehradun, which is 120 Kms. away from the school. His old mother is also suffering from illness. Petitioner submitted representation before the respondent no.3 on 30th April, 2009 for his transfer. Learned counsel for the petitioner prayed that direction may be issued to the respondent no.2 to consider the representation of the petitioner in the light of Transfer policy. Shri Anil Bisht, learned Brief Holder for the State also submitted that it would be appropriate, in case, such direction is issued. 6. After considering the arguments of the learned counsel for the parties and also considering the Transfer policy, I dispose of the writ petition with a direction to the respondent no.2 to consider the representation of the petitioner sympathetically on or before 30th June, 2011 and pass an appropriate order. Petitioner is also directed to file certified copy of the order before respondent no.2 on or before 15th June, 2011. (V.K. Bist, J.) Arpan 21.05.2011