SPA/10/2021
2021 Latest Caselaw 152 UK

      THE HIGH COURT OF UTTARAKHAND

                    AT NAINITAL
          ON THE 13TH DAY OF JANUARY, 2021

                        BEFORE:

       HON'BLE SHRI JUSTICE RAGHVENDRA SINGH
                    CHAUHAN, C.J.

                            AND

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI, J.

            SPECIAL APPEAL NO. 10 OF 2021



BETWEEN:

Anita Verma                                  .....Appellant.
       (By Mr. Jayvardhan Kandpal, learned counsel).

AND:

State of Uttarakhand, through Secretary, Department
of School Education, Government of Uttarakhand,
Secretariat, Dehradun and 4 others.

     (By Mr. Vikas Pande, learned Standing Counsel).

                                         .....Respondents.
       This special appeal coming on for hearing this
day, Hon'ble Shri Justice Manoj Kumar Tiwari, J.
delivered the following judgment:

                      JUDGMENT

Since, sufficient cause has been shown by the appellant for the delay of 15 days, the delay is condoned by this Court. Delay condonation application (IA No.02 of 2021) is disposed of.

2. This appeal is directed against the judgment and order dated 19.11.2020, passed by the learned Single Judge in Writ Petition (S/S) No.2723 of 2019 and other connected matters.

3. Learned counsel for the appellant-writ petitioner submits that the appellant is suffering from illness. Therefore, she is entitled to remain at the transferred place. He further submits that the similar benefit has been given to the similarly situate persons.

4. After arguing for a while, Mr. Jayvardhan Kandpal, the learned counsel for the appellant, submits that the appeal may be disposed of by permitting the appellant-writ petitioner to make a representation before the competent authority, with a direction to the competent authority to decide the same at the earliest.

5. Accordingly, the special appeal is disposed of with the liberty to the appellant-writ petitioner to make a representation to the Director, Elementary Education, within a period of two weeks from today. If such representation is made, the Director, Elementary Education shall look into the matter, take an appropriate decision in accordance with law within six weeks thereafter.

6. For a period of eight weeks or till the decision is taken on the representation of the appellant, whichever is earlier, the relieving order passed in respect of the appellant-writ petitioner, shall be kept in abeyance.

(Raghvendra Singh Chauhan, C.J.)

(Manoj Kumar Tiwari, J.) NISHANT