IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 881(S/S)2007 Smt. Asha Tamta W/o Sri Jeewan Lal Tamta, Assistant Teacher, Primary School, Churari, Takula, District Almora, -----Petitioner. Vs. 1. State of Uttarakhand through Secretary Education (Basic), Uttarakhand Dehradun, 2. District Education Officer, Almora, 3. Addl. District Education Officer (Basic), Almora, ----Respondents. Sri Vikas Pandey, learned Counsel for the petitioner and Sri Paresh Tripathi, learned Standing Counsel for the State of Uttarakhand. Hon’ble M.M. Ghildiyal, J. Heard Sri Vikas Pandey, learned Counsel for the petitioner and Paresh Tripathi, learned Brief Holder for State of Uttarakhand / respondents. By means of this writ petition, the petitioner has prayed to issue a writ, order or direction in the nature of certiorari quashing the order dated 11.06.2007 (annexure no.2 ) passed by the respondent no. 3, so far it related to the petitioner by which the petitioner, who is working as Assistant Teacher, in Primary School, Churari Vikas Khand- Takula, has been transferred to Primary School, Supakot,- Takula, district Almora. The petitioner has challenged the impugned transfer order on the ground that she is not working in the present Institution in excess of the Teachers prescribed by the Govt. Submission of the learned counsel for the petitioner is that one Smt. Ishami Kishore was transferred to this School earlier on 14.02.02.003 on the recommendations of District Magistrate, Almora but instead of transferring Smt. Ishami Kishore, who is staying in the present Institution prior to the petitioner, the 2 petitioner has been transferred by the impugned order. This Court, in absence of pleadings, is not in position to know that why the petitioner has been transferred from the present Institution. The petitioner has further submitted that she was appointed in the year 1999 as a Primary School Teacher in district Bageshwar and was transferred to district Almora in the year 2003 because of her family problems thus, vide this transfer from Bageshwar to Almora she has loosed her seniority of about 4 years. It is further contended that within three years, the petitioner has again been transferred from dis- comfortable (Durgam) place to most dis-comfortable (Ati-Durgam) place. In this regard, the petitioner, raising all her grievances has already moved representation on 15.06.2007 (annexure no.4 to the writ petition) before respondent no. 3 i.e. Addl. District Education Officer (Basic), Almora, which is still pending before him. In the circumstances, I deem it fit and proper to direct the respondent no. 3 to take decision on the representation of the petitioner within a period of two weeks from the date of production of a certified copy of this order before respondent no.3 within one week from today. Till the representation is decided by the respondent no. 3 or till 10th August 2007, whichever is earlier, the petitioner shall not be relieved from her present place of posting. With these directions, the writ petition is finally disposed of. No order as to costs. (M.M. Ghildiyal, J.) July 13, 2007: NCM: