Uttarakhand High Court
Kunwar Singh Director Of School ... vs State Of Uttarakhand And on 6 January, 2021
HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 6TH DAY OF JANUARY, 2021
BEFORE:
HON'BLE SHRI JUSTICE SHARAD KUMAR SHARMA
Contempt Petition No. 975 of 2018
BETWEEN:
Smt. Rachna Tonk aged about 43 years
W/o Sri Rajeev Kumar
R/o Yamuna Colony, Dehradun
District - Dehradun
....Petitioner
(By Smt. Neetu Singh, Advocate)
AND:
1. Kunwar Singh Director of School Education, Uttarakhand
State, Nanoorkheda, Dehradun
2. Smt. Premlata Baurai, Principal, Govt. Girls Inter College,
Rajpur Road, Dehradun, District-Dehradun.
.....Respondents
(By Sri J.S. Bisht, Standing Counsel for the State)
ORDER
A very peculiar situation had crept in the present
contempt petition, in which the petitioner has sought
an enforcement of an interim order dated 15.05.2018,
which was passed in a Writ Petition (S/S) No. 2573 of
2017, Smt. Rachna Tonk Vs. State of Uttarakhand and
others. As a consequence of the interim order, passed
by the coordinate Bench of this Court, the petitioner
was supposed to continue to discharge her
responsibilities, in the office as an Assistant Teacher, at
the transferred place i.e. the Govt. Girls College, Rajpur
Road, Dehradun.
2. But, however, on account of certain observations
made in the interim order 15.05.2018, as against the
then Chief Standing Counsel for the State, late Mr.
Paresh Tripathi, the matter was carried before the
Division Bench, by the then Chief Standing Counsel,
and the Division Bench of this Court, vide its judgement
rendered on 12.11.2018, had set aside the interim
order dated 15.05.2018, in its totality, which included
the setting aside of the interim order granted in favour
of the petitioner on 15.05.2018.
3. Due to the said anomaly, which was done in the
judgment of the Division Bench, which was rendered on
12.11.2018, it had placed the petitioner in an awkward
situation; as she was not able to join her transferred
place. Consequently, the said order was modified by
the Division Bench on an application of the petitioner by
an order dated 01.10.2020, whereby the stay order,
which was granted in favour of the petitioner was
revived back and rest of the finding recorded in the
judgement was affirmed and remained undisputed.
4. In view of the subsequent clarification made by
the Division Bench in its order dated 01.10.2020, the
respondents were still creating impediment in not
permitting the petitioner to join her service at the
transferred place though the consequential effect of the
order dated 01.10.2020; would be that the interim
order dated 15.05.2018, which was granted in favour of
the petitioner, had revived back and since there a was
specific direction that the petitioner was to continue to
work in Govt. Girls College, District Dehradun, she was
expected to be permitted to join there.
5. Later on, since there was obstruction which was
being created by respondent No. 2, in permitting the
petitioner to join her services at the transferred place,
this Court passed an order dated 04.01.2021, directing
the Chief Education Officer, Dehradun; to ensure the
joining of the petitioner in his presence, in compliance
of the order dated 01.10.2020, which was to be read in
conjunction with the interim order dated 15.05.2018.
6. Today, when the matter was taken up, in
compliance of the previous order dated 04.01.2021,
which was passed by this Court, the Chief Education
Officer, Dehradun had submitted his communication;
being Communication No. 14593-95/2021 dated
05.01.2021, whereby the joining of the petitioner was
permitted and she has joined the service, and even as
per the report of respondent No. 2, annexed with the
communication, which has been placed before this
Court the petitioner had been permitted to join.
7. In view of the aforesaid joining, which has been
granted to the petitioner on 04.01.2021, and in view of
the communication made by the Chief Education
Officer, Dehradun, this contempt petition is closed. The
notices issued to the respondent are hereby
discharged.
(Sharad Kumar Sharma, J.)
Mahinder/
