RAJESH TANDON,J. - (1.) HEARD the learned Counsel for the parties at length.
(2.) BY the present writ petition the petitioner has prayed for the issue of a writ, order or direction in the nature of mandamus directing the respondent to transfer the petitioner to one of the Schools, Panda, Huraiti, Rai Puneri, Aincholi Muspati, Takari and Takana within District Pithoragarh or to attach her in the office of District Basic Education Officer, Pithoragarh. Briefly stated the facts giving rise to the present writ petition are that the petitioner is an Assistant Teacher in Primary Section of Education Department since 1973 The petitioner was transferred to Primary School, Khati Gaon, Block Moonakot, District Pithoragarh in the year 1994 and since then she is posted in that school. The petitioner has to travel 18 Kms. from Pithoragarh and further three Kms. on foot for reaching the School. The petitioner has stated that she is ill and is taking treatment from All India Institute of Medical Science, Delhi and Ram Manohar Lohia Hospital, Delhi. The husband of the petitioner is also ill and undergoing treatment in Sushila Tewari Memorial Hospital, Haldwani. In Paragraphs 7 and 8 of the writ petition the petitioner has stated as under : That on 14.7.2001 while the petitioner was going to attend her school she met with an accident, which made her physically handicapped. The petitioner was admitted in the B.D. Pandey Hospital, Pithoragarh on 14.7.2001 and was discharged on 17.7.2001 so that she may get herself examined by the specialized doctors outside Pithoragarh. Since then the petitioner is undergoing treatment in various hospitals different type of ailments, which were multiplied due to the said accident. The photocopies of he discharge slip issued by the B.D. Pandey Hospital, Pithoragarh, Joshi Bone Hospital, Haldwani, Dr. Sushila Tiwari Memoraial Hospital, Haldwani, Vivekananda Poly Clinic, Lucknow and All India Medical Sciences, New Delhi are enclosed with this writ petition as Annexure No. 2. That the husband of the petitioner who is also a heart patient and undergoing treatment in Dr. Sushila Tiwari Memorial Hospital, Hatdwani. The photocopies of the registration cards, ECG and other reports of the above hospital regarding the husband of the petitioner are enclosed with this writ petition as Annexure No. 3 of the petition.
(3.) THE petitioner has stated that she has moved applications on 19.6.1999, 27.6.2001, 16.4.2002, 18/24.3 2003 and 13.7.2003 to the respondents for her transfer within the municipal limits of Pithoragarh city but the same has not been considered by the respondents.;