Citation : 2025 Latest Caselaw 3385 UK
Judgement Date : 30 June, 2025
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 723 of 2023 (S/S)
Smt. Prabhawati Devi ..........Petitioner
Vs.
Rajya Pariyojna Nideshak, Samagra Siksha, Uttarakhand
and others ........ Respondents
Present : Mr. M.K. Ray, Advocate for the petitioner.
Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the
respondent nos.1 to 5.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
The challenge in this petition is made to
Communication dated 17.04.2023 of the respondent
no.4/Chief Education Officer, District Udham Singh
Nagar, by which, on retirement of the petitioner the
charge of the Warden, it was directed that the charge of
Warden be handed over to some other person; the
challenge is also made to the consequential
communication dated 18.04.2023, passed by the
respondent no.5/the Deputy Education Officer,
Gadarpur, District Udham Singh Nagar.
2. Heard learned counsel for the parties and
perused the record.
3. The petitioner was working as a Warden in
Netaji Subhas Chandra Bose, Hostel Gadarpur, District
Udham Singh Nagar. She was retired. She was given two
years' extension. After expiry of the period of extension,
by the impugned communication dated 17.04.2023, the
respondent no.4 directed that the charge of Warden may
be handed over to Smt. Renu, a Teacher in the
Government Higher Secondary School, Brakheda,
Gadarpur, District Udham Singh Nagar. Thereafter,
consequential communication was made on 18.04.2023,
by the respondent no.5/the Deputy Education Officer,
Gadarpur, District Udham Singh Nagar.
4. Learned counsel for the petitioner would
submit that the petitioner would still be considered for
her extension in view of Government Order dated
19.02.2018. He would submit that the petitioner may be
granted extension in view of the Government Order dated
19.02.2018.
5. In fact, Government Order dated 19.02.2018,
which has been filed as Annexure No.1 to the
supplementary affidavit by the petitioner is with regard to
selection process of the Wardens in the Hostels. It does
not speak of any extension. It is the admitted case of the
petitioner that she has already been granted two years
extension on her retirement. No Government Order, Rules
or Regulation has been placed for perusal of the Court,
which may indicate that even after two years extension,
further extension may be considered. Therefore, there is
no merit in the case. Accordingly, the petition deserves to
be dismissed at the stage of admission itself.
6. The petition is dismissed in limine.
(Ravindra Maithani, J.) 30.06.2025 Sanjay
SANJAY Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd504686df4d1afc60f54a2
KANOJIA 87831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC450A84B515A087C AEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.07.01 18:17:36 +05'30'
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