JUDGMENT : Pankaj Purohit, J. Petitioner has filed this writ petition seeking indulgence of this Court for quashing the impugned order dated 19.10.2023, whereby the representation of the petitioner has been rejected by respondent no.3 i.e. Additional Director, Secondary Education, Kumaun Mandal, Nainital. 2. Heard learned counsel for the parties. 3. Petitioner is an Assistant Teacher, L.T. Grade English and is posted in Government Higher Secondary School Dola, Block Kotabagh, District Nainital since 23.10.2007. Earlier, petitioner moved this Court by filing a Writ Petition (S/S) No.1308 of 2023, Narendra Patwal vs. State of Uttarakhand seeking a direction to the respondent to consider the case of the petitioner for transfer under Spouse Policy and to transfer him nearer to the place where his wife, who is also an Assistant Teacher, L.T. Grade-Social Studies in Government Intermediate College, Pratapur, Block Kashipur, District U.S. Nagar. 4. The said writ petition was disposed-off by this Court vide order dated 27.07.2023, whereby respondent no.3 was directed to decide the representation of the petitioner, sympathetically and by speaking order, within a period of six weeks from the date of receipt of certified copy of that order. The representation of the petitioner has now been considered and rejected by respondent no.3. Feeling aggrieved, petitioner is before this Court. 5. Learned counsel for the petitioner contends that the representation of the petitioner was not considered properly by respondent no.3 and it is a rejection of the representation only for the sake of rejection. 6. From perusal of the order dated 19.10.2023 whereby representation of the petitioner was rejected, it is reflected that a Committee was constituted in view of the posting of the teachers under Spouse Policy and the said Committee vide order dated 10.07.2022 has decided that the transfer under Spouse Policy shall be done only in case, both husband and wife are working within the block level. It is further reflected from the impugned order that the petitioner has been given opportunity to make available the five options on the vacant post for the Assistant Teacher, L.T. Grade-English in Block Kashipur. But the objections given by the petitioner did not faovur with the respondent no.3, for the reason that, according to him, the transfer cannot be made against the post, which is not vacant. 7. But the objections given by the petitioner did not faovur with the respondent no.3, for the reason that, according to him, the transfer cannot be made against the post, which is not vacant. 7. Learned counsel for the petitioner submits that by giving option only this was made known to the respondent-Department that in these schools there are vacancy but now during the intervention period, the vacancies have been filled by the respondent-department by promotion but still there is one vacancy in Government Higher Secondary School, Kheda, Ramnagar, Nainital, which is going to occur on 31.03.2024. He further submits that petitioner may very conveniently be accommodated against that post. 8. Since the annual transfer season of 2023- 2024 is coming to an end, the justice could be done, if a direction is issued to the respondent no.3 to transfer the petitioner under the Spouse Policy, keeping in view the representation or options given by him in the said school in the coming transfer season i.e. 2024-2025. 9. In this view of the matter, the writ petition is disposed-off with a direction to the petitioner to move a fresh representation before respondent no.3 ventilating his grievance with a request to post him in the Government Higher Secondary School, Tehda, Ramnagar, Nainital where the vacancy is going to occur on 31.03.2024 within a period of two weeks from today and the respondent no.3 shall pass a positive order on the said request of the petitioner to consider his case in the annual transfer season i.e. 2024-2025 within a period of one month from the date the representation is filed.