WPSS/2758/2018
2022 Latest Caselaw 1306 UK

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      Date                                     COURT'S OR JUDGES'S ORDERS
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                                  WPSS No. 2758 of 2018
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. M.S. Pal, Senior Advocate assisted by Mr. Sachin, learned counsel for the petitioner.

Mr. B.D. Kandpal, learned counsel for respondent no. 4.

Petitioner was appointed as TGT in Sainik School, Gorakhal, District Nainital in the year 2003.

By means of this writ petition, petitioner has sought the following reliefs:-

(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to give the appointment to the petitioner for the post of P.G.T./Master (Social Science/General Studies) in the aforesaid institution according to representations (Which is Annexure 2 to this writ petition)

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the P.G.T. scale to the petitioner since his appointment 04.08.2003 till today and onwards.

Mr. M.S. Pal, learned Senior Counsel appearing for the petitioner submits that post of P.G.T. (Social Science/General Studies) has fallen vacant, therefore, petitioner is entitled for promotion to the said post.

Per contra, Mr. B.D. Kandpal, learned counsel for Sainik School Ghorakhal submits that Social Science subject is taught to the student only upto 10th standard, therefore, post of P.G.T. (Social Science) has not been created and claim of the petitioner is without any basis.

Learned Senior Counsel for the petitioner has referred to a judgment rendered by Kerala High Court in the case of P.K. Ravindranatha Panicker Vs Union of India & others reported in WP (C) No. 9099 of 2014 (J).

Without expressing any opinion on the merits of the case, this Court thinks that ends of justice would be met, if petitioner is permitted to make fresh representation to the Competent Authority, which shall be decided within some stipulated time frame.

Accordingly, writ petition is disposed of with liberty to petitioner to make fresh representation to the Competent Authority, within two weeks from today. If such representation is made within stipulated time, the Competent Authority shall look into the matter and take appropriate decision, as early as possible, preferably within six weeks from the date of production of certified copy of this order along with representation.

(Manoj Kumar Tiwari, J.) 25.04.2022 Aswal