WPSS/1354/2022
2022 Latest Caselaw 2391 UK

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                                  WPSS No.1354 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Ravi Babulkar, Advocate for the petitioner.

Mr. V.S. Rawat, Brief Holder for the State of Uttarakhand.

Heard learned counsel for the parties.

Petitioner belongs to cadre of Lecturer in Government Inter College. He was transferred to DIET for discharging duties as Senior Lecturer in the year 2006. Now, he has been transferred from DIET, Udham Singh Nagar to DIET, Lohaghat, District Champawat. Feeling aggrieved by his transfer, petitioner has filed this writ petition.

Petitioner has challenged his transfer mainly on the ground that categorization of DIET, where he has been serving uptill now, has not been done properly and the place, which was 'Durgam', has now been shown as 'Sugam', which resulted in petitioner's compulsory transfer. He further contends that neither categorisation of different DIET in terms of Section 9 of the Transfer Act has been done nor it has been displayed in web portal of the Department. Furthermore, options were not called from the petitioner. He further submits that similar controversy has been decided by this Court in WPSS No. 1381 of 2022 and other connected writ petitions decided on 25.07.2022.

Learned Brief Holder also endorses the submission made by learned counsel for the petitioner.

Since learned counsel for the parties are ad idem that question involved in this writ petition stands settled by judgment rendered by this Court, therefore, this writ petition is disposed of in terms of judgment dated 25.07.2022 rendered in WPSS No. 1381 of 2022 and other connected writ petitions and it is provided that petitioner shall be at liberty to make representation on or before 04.08.2022 to Director, Secondary Education. It shall be open to petitioner to submit representation through e-mail, with soft copy of this order. If petitioner makes such representation within stipulated time, Director, Secondary Education shall take decision thereupon on or before 27.08.2022.

Till 27.08.2022 or till decision on petitioner's representation, whichever is earlier, status quo, qua posting of petitioner shall be maintained.

(Manoj Kumar Tiwari, J.) 01.08.2022 Arpan