GHANSHYAM PANDEY Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-9-29
HIGH COURT OF UTTARAKHAND
Decided on September 27,2013

GHANSHYAM PANDEY Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

V.K. Bist, J. - (1.) BY way of instant petition, the petitioner has challenged the order dated 12.09.2013 passed by Addl. Director, School Education, Kumaun Region, Nainital/respondent No. 2. Further prayer has been made declaring the act of respondent No. 2 treating 31.03.2013 as point of reference for determining eligibility for transfer during transfer year 2013 -14 as arbitrary and illegal.
(2.) HEARD Mr. Manoj Tewari, Senior Advocate with Mr. Alok Mehra, Advocate for the petitioner, Mr. Subhash Uppadhyay, Standing Counsel for the State/respondents and perused the record. Learned Senior Advocate for the petitioner referred the Uttarakhand Teachers (School Education) First Appointment, Promotion and Creation of Posts on Transfer Rules, 2013 (hereinafter referred to as the Rules) and emphasized upon Rule 10(1)(A) (Kha -one) of the Rules. He contended that Rule 10(1)(A) (Kha -one) of the Rules deals with the certain category of teachers who are exempted from compulsory transfer. Clause one thereof pro -vides that female teachers, who are more than 52 years of age and male teacher, who are more than 55 years of age, shall be exempted, though the said provision was amended and after amendment, a female teacher, who has crossed 50 years of age is now exempted.
(3.) HE contended that petitioner's date of birth is 05.05.1958 and he completed 55 years of age on 04.05.2013, however vide order dated 12.09.2013, the petitioner has been transferred from G.I.C. Champawat to Govt. High School, Chalthi (Champawat). It was pointed out that vide order dated 20.06.2013, the petitioner was earlier transferred to Govt. High School, Khati, Bageshwar, which, however, was cancelled. He submits that entire information regarding the petitioner, including his age, is available with the respondent No. 2, who is also the appointing authority. The above transfer orders were issued after petitioner completed 55 years of age and since the Rules do not permit any transfer after completion of 55 years of age, therefore the impugned transfer order passed in respect of the petitioner, is unsustainable.;


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