WPSB/480/2014 of Dr Gyanendra Kumar Rout Vs State Of Uttarakhand AND OTHERS on 24 December 2014

HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition No.480 of 2014 (S/B)

Dr. Gyanendra Kumar Rout ....… Petitioner

Versus

State of Uttarakhand and others. …. Respondents Mr. S.S. Yadav, Advocate for the petitioner. Mr. P.C. Bisht, Standing Counsel for the State/respondents.

Hon'ble V.K. Bist, J.Hon’ble U.C. Dhyani, J.

Petitioner has approached this Court feeling aggrieved by inaction in the matter of consideration of his transfer from Government Post Graduate College, Rikhnikhal, District Pauri Garhwal, according to transfer policy dated 29.05.2008.

2. Petitioner is working at Pauri Garhwal since 2010. It is his further case that the State of Uttarakhand has issued a transfer policy providing for a maximum period of posting in a remote area for five years. Respondent no.1 is the competent authority to transfer the petitioner.

3. We have heard learned counsel for the petitioner and the learned Government counsel. We notice that the petitioner has approached this Court on 23[nd] December, 2014. Transfers have already been made as per relevant policy. While we are not inclined to interfere with the transfer order, we direct the 1[st] respondent to consider the case of the petitioner for transfer in accordance with law, when the next transfer list is prepared.

4. We notice that there is a complaint that the State is essentially divided into hill areas and the plains and, according to learned counsel for the State, there is a shortage of teachers in the Higher Education Department and norms have accordingly been made. In this particular case though the petitioner has been working in Pari Garhwal for 04 years, there are obviously teachers who are working in the plains for a number of years. Government is expected to act in a fair manner, which means that the Government must, on the one hand, balance the public interest in securing the teachers, so that the academic interest of the students is secured, and at the same time, it is the duty of the Government to ensure that the teachers are also given equal treatment. It is also the duty of the Government to look at the matter impartially and see that the teachers are not compelled to work in the remote areas for too long a period, when there are teachers in the plains, who continue to enjoy the benefits of working in a more accessible area again for too long a period. We would expect the State Government to draw its attention on this aspect and to undertake the regular exercise of using its power of transfer in a fair and equitable manner.

5. With these observations, we dispose of the writ petition with the direction to consider the case of the petitioner for transfer in a place, where there is no one to teach the students.

Arti

(U.C. Dhyani, J.)

(V.K. Bist, J.)24.12.2014