Shivani Rawat vs State Of Uttarakhand & Others
2021 Latest Caselaw 284 UK

                                                      Reserved judgment

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

          Writ Petition No. 722 of 2020 S/S
           (Under Article 226 of the Constitution of India)


Shivani Rawat
S/o Shri Sunil Rawat,
R/o House No.5, Shivlok Colony,
Laadpur, Raipur,
District Dehradun                                        .....Petitioner

                              Versus

State of Uttarakhand & others                        ....Respondents

                                With
          Writ Petition No. 723 of 2020 S/S

1. Ashutosh Badoni,
  S/o Sri Harikrishna Badoni,
  R/o Pipola Dhungmandar, Pipola,
  Ghonti, Distric-Tehri Garhwal
2. Subhash Chandra Dabral
   S/o Chandra Mani Dabral,
   R/o 82 Race Course, Block-C,
   Near Officers Colony,
   Dehradun, District-Dehradun                          .....Petitioners

                              Versus

State of Uttarakhand & others                        ....Respondents
                                With

          Writ Petition No. 727 of 2020 S/S

Premlata Gusain,
S/o Late Ranjeet Singh Gusain,
R/o C-111, G.T.M. Haridwar Road,
Forest Lawana and Hills Post-IIP,
Mohakampur, District Dehradun                            .....Petitioner

                              Versus

State of Uttarakhand & others                        ....Respondents

                               With
                                       2

               Writ Petition No. 902 of 2020 S/S

1. Mata Prasad Semwal
   S/o Sri Ram Chandra Semwal,
   R/o Deep Nagar, Ajabpur Kalan,
   Dehradun, District Dehradun

2. Ashok Kumar Badoni,
   S/o Sri R.C. Badoni,
   R/o Village Miyanwala, P.O. Harrawala,
   Dehradun, District-Dehradun            .....Petitioners

                                  Versus

State of Uttarakhand & others                            ....Respondents

Mr. Subhash Upadhyaya, Advocate for the petitioners.
Ms. Anjali Bhargava and Mr. P.C. Bisht, Addl. C.S.C. with Mr. Sushil Vasishtha,
Standing Counsel and Mr. Narain Dutt and Ms. Indu Sharma, Brief Holders for
the State.
Hon'ble Lok Pal Singh, J.

Since the controversy involved in aforementioned petitions is same, therefore, these petitions are being disposed of by this common judgment.

2. By means of present petitions, the petitioners have sought following reliefs:

"(i) Issue a writ order or direction in the nature of certiorari calling for the records and quashing the communication dated 11th June 2020 issued by Director, Elementary Education, Uttarakhand, Dehradun as well as the consequent communication dated 12th June 2020 issued by the District Education Officer (Elementary Education), Dehradun, whereby the Teachers covered by Government order 23.11.2016 have been directed to be relieved for their original cadre, being arbitrary and discriminatory.

(ii) Issue writ or direction in the nature of certiorari calling for the record and quashing the order dated 27.09.2018 passed by the Secretary, Education; order dated 22.10.2019 passed by the Director, Education and the order dated 06.11.2019 passed by the Deputy Education Officer, Doiwala, Dehradun.

(iii) Issue writ or direction in the nature of certiorari calling for the record and quashing the impugned relieving order dated 10th August 020 passed by the District Education Officer (elementary

education), Dehradun relieving the petitioners for their original place of posting.

(iv) Issue a writ order or direction in the nature of mandamus or an appropriate writ for holding an independent enquiry with regard to the irregularities/illegalities done by the official respondent in providing benefit to the persons of their choice by providing them the shelter from transfer on the ground that a decision is being taken in their case as provided under Section 27 of the Transfer Act and now retaining them at the present place of posting.

(v) Issue a writ, order or direction in the nature of mandamus or an appropriate writ for holding an independent enquiry with regard to the attachment orders issued on 12.2.2019 and 7.8.2019 by which the employees of their choice are being attached/absorbed by the respondent no.6."

3. Learned counsel for the parties would submit that the controversy involved in these bunch of petitions has already been decided by this Court in WPSS No. 2601 of 2019 "Rajendra Prasad Badoni Vs. State of Uttarakhand and others" and analogues matters decided on 19.11.2020, therefore, learned counsel for the petitioner does not wish to argue the case on merit.

4. Accordingly, the writ petitions stand dismissed in term of judgment and order dated 19.11.2020 passed in WPSS No. 2601 of 2019 "Rajendra Prasad Badoni Vs. State of Uttarakhand and others" and analogues matters.

5. No order as to costs.

                                              (Lok Pal Singh, J.)
Mamta
Dated:    25.01.2021