Nainital, May 24 (ILNS) The Uttarakhand High Court has directed an Assistant Language Teacher posted in a Government School of Rudraprayag district, to make a representation before the District Education Officer within seven days, regarding her transfer.
While disposing of the petition, a Single Bench of Justice Manoj Kumar Tiwari also ordered the District Education Officer concerned to look into the matter and take appropriate decision, in accordance with law, within three weeks from the date of receipt of representation, along with a certified copy of this order.
“For a period of four weeks or till decision is taken, whichever is earlier, the status quo as of today, shall be maintained qua the posting of the petitioner,” the order read. ILNS/
The petitioner said she was posted as an Assistant Teacher (Language) in Government Upper Primary School, Devar, Ukhimath, District Rudraprayag in September, 2018.
According to the petitioner, her transfer to the said school in 2018 was a mutual transfer with one Mr Rajkumar, who had sought transfer to the school, where the petitioner was serving.
The petitioner said she was aggrieved by the order of District Education Officer, Elementary, Rudraprayag dated April 12, whereby she has been adjusted in some other school in Ukhimath block, District Rudraprauyag.
The Counsel for the petitioner submitted that by the order, the petitioner has been adjusted in some other school in Block Ukhimath on the ground that one Mr Satye Singh Aswal, who was posted as regular language teacher in Government Upper Primary School, Devar, where the petitioner is presently serving, was transferred to some other school in 2018.
Since Mr Aswal did not join at the transferred place, therefore, by treating him to be posted in Government Upper Primary School, Devar, the petitioner is being treated as surplus and been adjusted in some other school.
The Counsel for the petitioner further submitted that she is in no manner responsible for non-joining of Mr Aswal at the transferred place. Thus, according to him, the respondent-authority is not justified in passing the order against the petitioner for a lapse committed by Mr Aswal.
PC Bisht, Additional CSC, who appeared for Uttarakhand, stated that transfer is an incidence of service. He further stated that if the petitioner is aggrieved by her adjustment in some other school by the order, then instead of straightway rushing to this Court, she should have approached the Competent Authority, by making a representation. ILNS/