Uttarakhand High Court

WPSB/166/2021 on 7 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                                    2025:UHC:3607-DB
                Office Notes,
             reports, orders or
SL.            proceedings or
      Date                                             COURT'S OR JUDGE'S ORDERS
No.            directions and
              Registrar's order
              with Signatures
                                  WPSB/166/2021
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Ashish Naithani, J.

Per: (Hon'ble Justice Sri Manoj Kumar Tiwari) Mr. B.M. Pingal, Advocate for the petitioner. Mr. D.S. Bora, Standing Counsel for the State.

2. According to petitioner, he was the senior most Lecturer in Jwalapur Inter College, Jwalapur, Haridwar, which is a Government aided Institute.

3. In this writ petition, petitioner has challenged order dated 31.03.2021, whereby charge as officiating Principal of the concerned Inter College was given to respondent No. 6-Rohitas Kunwar, after superannuation of Ram Singh Chauhan, who was officiating as Principal till then.

4. From perusal of the record, it is revealed that respondent No. 6 had completed age of superannuation i.e. 60 years on 30.04.2019; however, he was given benefit of policy decision which permits teachers retiring during mid academic session to continue in service till end of academic session.

5. Learned counsel for the petitioner submits that although Rohitas Kunwar was given officiating charge as Principal, pursuant to judgment rendered by learned Single Judge in Writ Petition (S/S) No. 768 of 2020, however, when the judgment rendered by learned Single Judge was stayed by Division 2025:UHC:3607-DB Bench on 12.07.2021 on State's Appeal, then charge was handed over to the petitioner-Rajeev Kumar.

6. Thus, he submits that in view of these developments, the writ petition has become infructuous as the cause of action do not survive.

7. Accordingly, writ petition is dismissed as infructuous.

(Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 07.05.2025 Mahinder/

MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.05.09 10:12:29 +05'30'