WPSB/169/2023
2023 Latest Caselaw 1151 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
             THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


              WRIT PETITION (S/B) NO. 169 OF 2023

                             26TH APRIL, 2023

Between:

Smt. Monika Verma                            ......          Petitioner

and

State of Uttarakhand & another               ......         Respondents


Counsel for the petitioner        :   Dr. Kartikey Hari Gupta with Ms.
                                      Pallavi Bahuguna, Mr. Rafat Munir
                                      Ali and Ms. Irum Zeba, learned
                                      counsels

Counsel for the respondents       :   Mr. Amarendra Pratap Singh,
                                      learned    Additional    Advocate
                                      General with Mr. B.S. Parihar,
                                      learned counsel for the State of
                                      Uttarakhand / respondent No. 1

                                  :   Mr. Xitij Kaushik, learned counsel
                                      for respondent No. 2


The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)


             After some arguments, Dr. Gupta states that the

petitioner shall join her posting at Bageshwar. He submits

that the petitioner would then make a representation to

the respondents for their kind consideration, considering

the fact that the petitioner has two children, aged 3 and 7

years, and old mother to look after.
                             2




2)         We, therefore, dispose of this petition with a

direction that, in case, the petitioner joins the fresh

posting at Bageshwar, and makes a representation, the

same may be considered in accordance with law, on its

own merits, and the decision thereon by communicated to

the petitioner within four weeks of the representation

being made. We make it clear that this order shall not be

construed as reflection on the merit on the petitioner's

representation, and the respondent authorities shall take

their decision on the representation, entirely on its merits.


3)         Petition stands disposed of in the aforesaid

terms.


4)         Interim relief application (IA No. 01 of 2023)

also stands disposed of.



                                        ________________
                                        VIPIN SANGHI, C.J.



                                    _________________
                                   ALOK KUMAR VERMA, J.

Dt: 26th APRIL, 2023 Negi