Roop Chandra Dabral vs State Of Uttarakhand And Others
2021 Latest Caselaw 3598 UK

       HIGH COURT OF UTTARAKHAND AT NAINITAL

                     Writ Petition (S/S) No. 1159 of 2021


Roop Chandra Dabral                                          .......... Petitioner


                                       Vs.

State of Uttarakhand and others                          ............ Respondents



Mr. Vinay Kumar and Mr. B.S. Kathayat, Advocates for the petitioner.
Mr. P.S. Bisht, Additional Chief Standing Counsel for the State/respondents.


                                 JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant writ petition, petitioner seeks the following reliefs:

"(i) Issue a writ, order or direction in the nature of Certiorari quashing the order dated 01st June 2021 issued by the District Education Officer (Elementary Education) Pauri Garhwal, as well as quashing the reliving order dated 08th June 2021 issued by the Deputy Education Officer (Elementary Education), Block Jairikhal District Pauri Garhwal. (Annexure No.1 & 3 respectively), so far as it relates to the petitioner, being in violation of the Govt. Order dated 7th August, 2018.

(ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to absorb the petitioner in the School situated in the Block Jaharikhal, after conducting counselling as

contemplated in the Govt. Order dated 7th August 2018.

(iii) Issue a writ, order or direction in the nature of Mandamus directing the respondents decided the representation dated 07th June 2021 (Annexure No.2) of the Petitioner in the light of the provisions of the Govt. Order dated 7th August 2018.

(iv) Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

(v) Award the cost of writ petition to the petitioner."

2. It is the case of the petitioner that he was posted as Assistant Teacher (General) in Government Upper Primary School Kharkoli, Block Jairikhal. But, since the number of students became zero, he was transferred/absorbed at Government Junior High School, Kundlibari, Block Bironkhal, District Pauri Garhwal by the impugned order dated 01.06.2021.

3. It is the case of the petitioner that order dated 01.06.2021 has been passed in defiance of the earlier Government Orders.

4. Heard learned counsel for the parties and perused the record.

5. While arguing, learned counsel for the petitioner restricts his prayer to the effect that the respondents may be directed to decide the representation dated 07.06.2021 (Annexure no.2 to the writ petition) filed by the petitioner within the given time.

6. Learned State counsel would submit that the representation dated 07.06.2021 (Annexure no.2 to the writ petition)

filed by the petitioner will be decided by the respondents within a period of one month from today.

7. The Court takes on record the statement given by the learned State counsel.

8. The writ petition is disposed of with the direction to the respondents to decide representation dated 07.06.2021 (Annexure no.2 to the writ petition), filed by the petitioner within a period of one month.

(Ravindra Maithani, J.) 10.09.2021 Sanjay