Uttarakhand High Court
WPSB/468/2026 of KAMALA DEVI Vs STATE OF UTTARAKHAND on 23 July 2026
HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY 23rd July, 2026 WRIT PETITION (S/B) NO.468 of 2026 Smt. Kamala Devi ------Petitioner Versus State of Uttarakhand and Others ----Respondents
UKHC010127452026
2026:UHC:6248-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA
AND
THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY
23rd July, 2026
WRIT PETITION (S/B) NO.468 of 2026
Smt. Kamala Devi
------Petitioner
Versus
State of Uttarakhand and Others ----Respondents Presence:- Mr. Vijay Bhatt, learned Senior Advocate assisted by Mr. Priyank Kharkwal, learned counsel for the petitioner.
Mr. Amrendra Pratap Singh, learned Additional Advocate General with Mr. B.P.S. Mer, learned Standing Counsel & Mr. M.S. Bisht, learned Brief Holder for the State.
------------------------------------------------------------------------------- JUDGMENT: (per Manoj Kumar Gupta, C.J.)
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1. The petitioner is serving as Assistant Professor (Sociology) at Swargiya Shri Jai Dutt Wailla Govt. P.G. College, Ranikhet, Almora. Her case is that she had undergone a surgical procedure, wherein her uterus was removed. She is stated to have adopted a child. Her elder sister resides at Rudrapur, District Udham Singh Nagar and is stated to be the only close family member, who could help the petitioner in taking care of her minor child. Petitioner, therefore, applied for her transfer during the annual chain of transfers, but the Department has not considered her request. In the said backdrop, the present writ petition has been filed praying for a writ of mandamus commanding the respondents to consider her case liberally keeping in mind the spirit and object of Section 13(6) of the Transfer Act, 2017 and transfer her
UKHC010127452026
2026:UHC:6248-DB to a place of her choice.
2. Learned counsel for the petitioner, after making these submissions, submits that the petitioner would make exhaustible representation before the Competent Authority specifying her difficulties and prays that the same be directed to be decided.
3. Learned counsel for the State has no objection to the same.
4. Accordingly, without expressing any opinion on the merits, the writ petition is disposed of with liberty to the petitioner to make representation to the Competent Authority. Upon representation being made by the petitioner, the same shall be decided by the Competent Authority taking into consideration the difficulties of the petitioner, in accordance with law, within a period of four weeks from the date the representation is filed.
5. Pending application, if any, also stand(s) disposed of.
(MANOJ KUMAR GUPTA, C.J.)
(SUBHASH UPADHYAY, J.) Dated: 23.07.2026 KKS/PP