SPA/360/2020
2021 Latest Caselaw 153 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. 360 OF 2020



BETWEEN:

Smt. Manorama Chamoli                        .....Appellant.
       (By Mr. Vinay Kumar, learned counsel).

AND:

State of Uttarakhand, through Secretary, School
Education, Government of Uttarakhand, Dehradun
and 5 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 10 days and the delay condonation application is not seriously opposed by learned Standing Counsel for the State, therefore, the delay is condoned. Delay condonation application (CLMA No.11798 of 2020) is disposed of.

2. This appeal is directed against the judgment and order dated 19.11.2020, passed by

learned Single Judge in Writ Petition (S/S) No.2680 of 2019 and other connected matters, whereby the writ petitioner filed by the appellant challenging her relieving order, has been dismissed.

3. Learned counsel for the appellant-writ petitioner, submits that appellant-writ petitioner was transferred within the same district, while other writ petitioners in the bunch of writ petitions, decided by common judgment dated 19.11.2020, was that they were transferred from one district to another. It is further submitted that, at the time when the appellant-writ petitioner was transferred from one block of District Tehri Garhwal to another, the cadre of Basic School Teachers was a block cadre, however, by a subsequent amendment which was brought about in the relevant Rules, the cadre has again become a district cadre.

4. Learned counsel for the appellant-writ petitioner has drawn our attention to the Government Order dated 31.01.2020, which provides for retention of certain category of Basic School Teachers in their present schools. Learned counsel for the appellant- writ petitioner submits that the appellant-writ petitioner is also covered by the said Government Order as she was transferred from one hill region to another. He further submits that, since the appellant- writ petitioner was transferred from Block Pratapnagar to Block Chamba and, since, both these places are within the hill region, the appellant-writ petitioner is entitled to protection of the said Government Order. Therefore, learned counsel for the appellant-writ petitioner seeks permission to withdraw the special appeal with the liberty to make a

representation to the competent authority, who may be called upon to take decision on the representation.

5. Accordingly, the prayer made by the learned counsel for the appellant-writ petitioner is granted. The special appeal is dismissed as withdrawn 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 and take 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