Authority: High Court of Uttarakhand at Nainital

Order Date: 07 July 2026

Case Overview

  • Petition: Writ Petition Service Single No. 2351 of 2023 filed by Snehalata Yadav (Petitioner) against State of Uttarakhand & others (Respondents).
  • Representation: Petitioner sought transfer to an accessible area; the impugned order dated 02‑Nov‑2023 rejected the request on the ground that no vacancy existed for the post of Assistant Teacher, L.T. Grade (English) in any of the six schools listed.
  • Supplementary Affidavit: On 05‑Jan‑2025, petitioner filed a supplementary affidavit stating that a vacancy arose following the transfer of Smt. Asha Joshi, Assistant Teacher, L.T. Grade (English), from P.M. Shri GGIC, Kaladhungi, Nainital.
  • State’s Submission: Respondent’s counsel submitted that the vacancy evidence (annexure‑1, dated 27‑Nov‑2024) pertains to the year 2024 and does not confirm current availability of the post.
  • Counsel Presence: Mr. R.C. Tamta appeared as learned counsel for the petitioner; Mr. Narayan Dutt appeared as learned Standing Counsel for the State.

Final Outcome

  • The Court, after considering both submissions, directed that the petitioner may make a fresh representation to Respondent No.4 within ten days from the order date.
  • Respondent No.4 must consider the fresh representation and issue a decision within four weeks of receipt.
  • If the vacancy for the post of Assistant Teacher, L.T. Grade (English) at P.M. Shri GGIC, Kaladhungi, Nainital is still available at that time, the petitioner shall be posted to that position.
  • All pending applications, if any, are disposed of accordingly.

Topics: Transfer Petition, Education Employment