IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Writ Petition No. 750(S/S)2007 Smt. Govindi Gyala W/o Sri Uttam Singh Gyala, Presently posted as Assistant Teacher, In primary School, Wadda-Bir, District-Pithoragarh. ------------ Petitioner. Vs. 1. State of Uttarakhand, through Director, Vidhyalayi Shiksha Nideshalaya, Mayur Vihar, Dehradun, 2. District Education Officer, Pithoragarh, District Pithoragarh, 3. Additional District Education Officer, (Basic), District Pithoragarh. -------Respondents. Sri K.N.Joshi, Adv. and Sri P.S. Saun learned Counsel for the petitioner and Sri Paresh Tripathi, learned Standing Counsel for respondents. Hon’ble M.M. Ghildiyal, J. Heard Sri K.N. Joshi Adv. and Sri P.S. Saun, learned Counsel for the petitioner and Sri Paresh Tripathi, learned counsel for the respondents. By means of this writ petition, the petitioner has prayed for the following reliefs:- a. Issue a writ, order or direction in the nature of certiorari to quash the impugned transfer order dated 12.06.2007 so far it relates to petitioner (filed as annexure no. 11) passed by the respondent no. 3, b. Issue a writ, order or direction in the nature of mandamus directing the respondents not to relieve the petitioner from Primary School Wadda-Bir, to Primary School- Gangolihat District Pithoragarh in pursuance of the transfer order dated 12.06.2007, c. Issue any suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case, d. Award the cost of the petition to the petitioner. The petitioner was initially appointed as Assistant Teacher in Primary School- Pipali Kanalichhina, Pithoragarh. The petitioner was suffering from cancer and she applied for her transfer to any Primary School nearby Pithoragarh where medical facilities are available, consequently the petitioner was adjusted in Primary School Govt. Model School Naini Saini, Pithoragarh. Presently, the petitioner is posted at Primary School Wadda-Bir, District Pithoragarh. The regional Medical Board examined the petitioner and has issued medical certificate in this regard. The petitioner was promoted as Assistant Teacher, Junior High School in the year 2004-2005 and 2006 but she refused to join on the promoted post due to her illness. Submission of the learned counsel for the petitioner is that the petitioner is suffering from cancer and has already obtained certificate from Medical Board State of Uttarakhand. There is provision in the transfer policy framed by the State of Uttarakhand that in case any employee is suffering with some aliments, he/she may obtain certificate from State Medical Board and on the basis of that Medical Board, the Govt. shall reconsider in respect of transfer of such ailing employee. In this regard, the petitioner has already moved representation before the District Education Officer, Pithoragarh and has submitted that she has already annexed the certificate of Medical Board alongwith her representation, therefore, the District Education Officer, Pithoragarh may be directed to take decision on the same within the period prescribed by this Court. Accordingly, the District Education Officer, Pithoragarh is directed to consider the case of the petitioner, after taking into consideration the certificate of Medical Board and other problems which the petitioner is facing and take necessary action in accordance with the transfer policy framed by the State Govt. within a period of three weeks, from the date of production of a certified copy of this order. With these directions, the writ petition is finally disposed of. No order as to costs. (M.M. Ghildiyal, J.) July 3, 2007: NCM: