Uttarakhand High Court
Nand Kishore vs State Of Uttarakhand And Others on 15 January, 2021
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No. 24 of 2021
Nand Kishore ....... Petitioner
Vs.
State of Uttarakhand and others ...... Respondents
Present:
Mr. Nagesh Agarwal, Advocate for the petitioner.
Ms. Anjali Bhargav, Additional CSC for the State.
JUDGEMENT
Hon'ble Ravindra Maithani, J.(Oral)
Petitioner seeks the following reliefs:
"(i) Issue a writ, orders or direction in the nature of certiorari for
quashing the impugned order dated 08.12.2020 passed by respondent
no.3 District Education Officer (Primary School), Haridwar (contained
in annexure no.6) and order dated 25th November, 2020 (contained in
annexure no. 5) passed by the respondent no. Deputy Education Officer,
Primary Education, Bahadrabad, District Haridwar, whereby the
petitioner has been relieved.
(ii) Issue a writ, orders or direction in the nature of certiorari for
quashing the impugned order dated 11th November, 2020 passed by
respondent no.2 i.e. Director, Primary Education; Uttarakhand and
Government Order dated 28.10.2020 (contained in annexure no.4)
passed by the respondent no.1.
(iii) Issue writ, order or direction which is this Hon'ble Court may
deem fit and proper under the circumstances of the case.
(iii) Award the cost of the petition."
2. According to the petitioner, by virtue of Office Memo dated
21st November, 2016, he was transferred from Bageshwar to District
Hardiwar, where he joined. Subsequently, the order dated 21st November,
2016 was cancelled. The petitions filed against the cancellation order
with the liberty to make representations were decided. Finally, it is the
case of the petitioner that on 8th December, 2020, the petitioner has
further been transferred to District Bageshwar.
3. Heard learned counsel for the petitioner as well as learned
counsel for the State.
4. Learned counsel for the petitioner, at the very outset, very
fairly concedes that the claim of similarly situated petitioners have
already been rejected by Single Judge Bench of this Court. Subsequently,
the Claim was further rejected in Special Appeals, which were decided
on 13th January, 2021, being Special Appeal No. 02 of 2021, Smt. Asha
Mohan vs. State of Uttarakhand and other connected appeals.
5. Learned counsel for the State also admits that in view of the
judgment in Special Appeal No. 02 of 2021 of this Court, the claim of the
petitioner is liable to be rejected.
6. Since, the controversy has already been decided by this
Court in Special Appeal No. 02 of 2021 on 13th January, 2021, the instant
petition is also disposed of in terms of the order dated 13th January, 2021,
passed in Special Appeal No. 02 of 2021, Smt. Asha Mohan vs. State of
Uttarakhand and others along with connected matters.
7. Accordingly the petition is dismissed.
(Ravindra Maithani, J.)
15.01.2021
Kaushal
