IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 939 (S/S) of 2007 Smt. Sabia Beg aged about 39 years, W/o Sri Sadiq Beg Assistant Teacher in Primary School, New Tehri III, District- Tehri Garhwal ------- petitioner Versus 1. State of Uttarakhand through Secretary Education Department, Uttarakhand, Dehradun 2. District Education Officer, Tehri Garhwal 3. Additional District Education Officer (Basic), Tehri Garhwal, New Tehri ------- Respondents Hon’ble M.M. Ghildiyal, J. Heard Sri Rajendra Dobhal, 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 transfer order dated 14.06.2007 passed by Additional District Education Officer (Basic), Tehri Garhwal, New Tehri by which the petitioner has been transferred from Primary School New Tehri III to Primary School, Jularhgaon, Block Pratapnagar, District Tehri Garhwal. The petitioner has challenged the transfer order on various grounds. First is that the institution from where the petitioner has been transferred, one Head Mistress had joined the said institution in the year 2006, that is, much after the petitioner and as such in pursuance to the Government Order dated 13.07.2007, she should have been transferred and not the petitioner. The petitioner has further alleged that before the petitioner has joined the said 2 institution, another teacher is working in the institution and in case somebody is to be transferred, he/she is either the last person who has the joined the institution or the person who has the longest stay in the institution, should have been transferred. Learned counsel for the petitioner has further alleged in the writ petition that the petitioner’s husband is also suffering with chest pain and having treatment from a hospital situated at Dehradun. Learned counsel for the petitioner has submitted that the petitioner has already moved a representation before the appropriate authority on 16.07.2007, which is Annexure 3 to the writ petition. In the circumstances, I direct the respondent no. 3, Additional District Education Officer (Basic), Tehri Garhwal, New Tehri to take decision on the representation of the petitioner and pass speaking order on each and every point raised by the petitioner in the representation within a period of 3 days from the date of production of a certified copy of this order before him. The petitioner is also directed to submit a certified copy of this order before the Additional District Education Officer (Basic), Tehri Garhwal within a period of 3 days from today. Till the representation is decided by the Additional District Education Officer (Basic), Tehri Garhwal or till 31st July, 2007, whichever is earlier, the petitioner may not be relieved if she has not already been relieved. A copy of this order may be given to the learned counsel for the petitioner today itself on payment of usual charges. 3 With this direction, the writ petition is finally disposed of. All the pending applications stand disposed of. (M.M. Ghildiyal, J.) 24.07.2007 VKS