Uttarakhand High Court
WPSS/1085/2021 on 26 August, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 26TH DAY OF AUGUST, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (S/S) No. 1085 of 2021
BETWEEN:
Smt. Poonam Bhatt. .....Petitioner
(By Mr. Sandeep Kothari, Advocate)
AND:
State of Uttarakhand & others ...Respondents
(By Mr. P.C. Bisht, Additional Chief Standing Counsel for the State of
Uttarakhand/respondent nos.1 to 4)
JUDGMENT
By means of this writ petition, petitioner
has sought the following reliefs:-
"a) Issue a writ, order or direction in the nature of
Certiorari to for the record and to quash the
impugned the order dated 16.08.2021 (Annexure
No.-6) passed by the respondent no.- 3 qua the
petitioner who is placed at Serial No.-13 in the
aforesaid list, whereby, the petitioner has been
directed to be posted in Atal Utkrashta Government
Inter College Barakot,District - Champawat.
b) Issue a writ, order or direction in the nature of
Certiorari quashing the aforesaid order dated
16.08.2021 issued by the respondent no. 3 with
respect to the respondent no.-4 who is placed at
Serial No. -9 and has been directed to be posted in
Atal Utrashta Government Girls Inter College
Tanakpur, District - Champawat.
c) Issue a writ, order or direction in the nature of
Mandamus directing the official respondents to
permit the petitioner to avail the option of Atal
Utakrashta Government Girls Inter College
including the college that has been allotted to the
respondent no.-4."
2. Instructions were called from the State
Counsel. Today, on instructions, Mr. P.C. Bisht,
learned Additional Chief Standing Counsel has
apprised the Court that pursuant to the order
dated 16.08.2021, impugned in the writ petition,
petitioner has joined duties at Atal Utkrisht
Government Inter College, Barakot, District
Champawat. He has further informed the Court
that in the screening test, held for posting of
teachers in Atal Utkrisht Vidyalaya, petitioner
stood at Sl. No. 36 in the merit list, while,
respondent no. 4 stood at Sl. No. 26, therefore, by
virtue of her higher ranking in merit list,
respondent no. 4 was allotted a school in women's
branch and petitioner was given appointment in
general branch. He has also produced in Court,
the consent letter given by the petitioner, where
she has agreed to serve in Atal Utkrisht
Government Inter College, Barakot. He further
submits that under the Government Policy,
teachers are to be posted in Atal Utkrisht
Vidyalaya only for a period of five years and
thereafter, they shall go back to their original
cadre.
3. Mr. Sandeep Kothari, learned counsel
appearing for the petitioner, however, submits
that petitioner's joining at Barakot is under protest
and further that Government Order dated
23.07.2021 was violated while posting the
petitioner at Atal Utkrisht Government Inter
College, Barakot.
4. This Court does not find any substance
in the submission made on behalf of the petitioner.
Since, selection was merit based, therefore,
petitioner cannot raise any grievance for allotment
of respondent no. 4 to a girls school at Tanakpur.
5. Even otherwise also, order dated
16.08.2021 does not prejudice rights of the
petitioner and she will continue to be a member of
women's branch, which is her original cadre. Her
other conditions of service would also remain
unchaged. There is no compulsion for the
petitioner to join the offered assignment and she
could have refused, if, she is not interested in
serving at Barakot.
6. It appears that petitioner wants her
posting at Tanakpur. It is for the employer to
decide where an employee is to be posted.
7. In such view of the matter, there is no
scope for interference.
8. Accordingly, writ petition fails and is
dismissed. No order as to costs.
(MANOJ KUMAR TIWARI, J.)
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