Aruna Devi vs State Of Uttarakhand And Others
2021 Latest Caselaw 224 UK

      IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

                          Writ Petition (S/S) No. 66 of 2021
Aruna Devi                                                       ....... 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 10.12.2020 passed by respondent no.5 District Education Officer (Primary Education), Narsan Haridwar (contained in annexure no.5) whereby the petitioner has been relived.

(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 October, 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, she was transferred from Dehradun to District Hardiwar, where she joined. Subsequently, the order dated 21st November, 2016 was cancelled. The petitions against the cancellation order decided with the liberty to make representation. Finally, it is the

case of the petitioner that on 10th December, 2020, the petitioner has further been transferred to District Dehradun.

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, 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