Aruna Kotnala vs State Of Uttarakhand And Others
2023 Latest Caselaw 66 UK

     IN THE HIGH COURT OF UTTARAKHAND AT
                   NAINITAL

      THE CHIEF JUSTICE SHRI VIPIN SANGHI
                      AND
        JUSTICE SHRI ALOK KUMAR VERMA

          SPECIAL APPEAL NO. 343 OF 2022

                   5th JANUARY, 2023

Aruna Kotnala                               ...... Appellant

                            Vs.

State of Uttarakhand and Others           ......Respondents

Presence: -
Mr. B.M. Pingal, learned counsel for the appellant.
Mr. Vikas Pandey, learned Standing Counsel for the State.

JUDGMENT: (Per Shri Vipin Sanghi, C.J.)


          We have heard learned counsels for the parties.


2.        The   appellant    had   been    transferred,     on

promotion, to Government Inter College, Kailashbanger,

District Rudraprayag. She, however, was aggrieved by her

transfer to the Durgam area, on the ground that no

options were given to her to choose amongst three

Durgam postings. She, otherwise, had no objection to

being transferred, on promotion, to a Durgam area. She,

therefore, preferred an earlier Writ Petition, being Writ

Petition (S/S) No. 865 of 2020, which was disposed of on

18.08.2020, directing the respondent to consider the

appellant's representation. Consequently, the appellant
 filed her representation, which was rejected. Thereafter,

she preferred another Writ Petition, being Writ Petition

(S/S)   No.   1021   of    2020,    which   was    disposed    on

07.06.2022, with liberty to the petitioner to make a fresh

representation to the Competent Authority, by mentioning

the name of the Institution, where the post of Head

Assistant is lying vacant.


3.        Petitioner's     second   representation    was     also

rejected on 25.08.2022. Thereafter, she preferred the

Writ Petition in question, from which this appeal arises.



4.        During     the   pendency    of   this   appeal,    the

appellant has now been posted at Government Girls Inter

College, Rudraprayag, which posting the appellant has

accepted, and joined on 27.12.2022.          The respondents

have passed an order on 16.12.2022, stating that her

actual salary, on the promotional post, would be payable

from the day that she joined.



5.        In view of the nature of the controversy raised

by the appellant, with regard to her posting on promotion,

we are of the view that the ends of justice would be met if

the appellant is granted seniority in her promotional post,

from the day when she was originally promoted, i.e.

                               2
 06.08.2020. Her pay should be fixed in the promotional

post notionally from the date of her promotion. However,

since, she started rendering service in the promotional

post only from 27.12.2022, her salary in the promotional

post, shall accordingly be released from the said date.



6.       The appeal stands disposed of in the aforesaid

terms.




                                    ________________
                                     VIPIN SANGHI, C.J.


                                 ___________________
                                 ALOK KUMAR VERMA, J.

Dated: 5th January, 2023 SK/SB