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31.01.2024 WPSS No. 123 of 2024
Hon’ble Rakesh Thapliyal, J.
1. Mr. Sandeep Tiwari, learned counsel
for the petitioner.
2. Mr. J.C. Pande, learned Brief Holder,
for the State.
3. The petitioner was transferred by
way of an order dated 23.06.2023 from
Government Primary School, Harakpur
Kweera, Block Haldwani, District Nainital to
Government Primary School, Saunli, Block
Betalghat, District Nainital.
4. It is submitted that against this
transfer order, the petitioner submitted her
representation that she was operated in the
year 2008 for brain tumour and on such
representation, she was referred to the
Medical Board and the Medical Board
examined the petitioner and submitted its
report on 06.07.2023, wherein it is mentioned
that the petitioner operated for brain
haemorrhage in the year 2008. Thereafter, the
petitioner was also got medically examined
from Dr. Susheela Tiwari Government
Hospital, Haldwani on 01.07.2023, wherein it
is opined that recent MRI brain and spine
suggestive of gliosis in brain due to post
operative changes, vertigo and radicular pain.
5. It is submitted that the report of the
Medical Board as well as the medical report of
Dr. Susheela Tiwari Government Hospital
dated 01.07.2023 were submitted before the
Chief Education Officer who refused to make
any rectification in the transfer order on the
basis that transfer order was passed pursuant
to the Government Order dated 15.06.2023.
6. Let the petitioner may make a fresh
representation to the respondent No. 4 i.e.
Director, Basic Education, Nanoorkhetra,
Tapovan, Dehradun within a period of one
week from today, and if such a representation
is made, the respondent No. 4 shall decide the
same after taking into consideration the
report of the Medical Board as well as the
report of Dr. Susheela Tiwari Government
Hospital within a period of two weeks by a
reasoned and speaking order.
7. Till the decision is taken by
respondent No. 4, the petitioner shall not be
compelled to join the transferred place.
8. In view of this, the writ petition
stands disposed of.
(Rakesh Thapliyal, J.)
Vacation Judge
31.01.2024
Mahinder/