Uttarakhand High Court
WPSS/937/2009 of SMT BEENA BHATT Vs STATE OF UTTARAKHAND and OTHERS on 31 December 2010
COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 937 of 2009 Smt. Beena Bhatt …….Petitioner. Versus The State of Uttarakhand and others …Respondents. Sri Atul Bahuguna, Advocate present for the petitioner. Sri Dinesh Gahtori, Standing Counsel present for the State.
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IN THE HIGH COURT OF UTTARAKHAND ATNAINITALWrit Petition (S/S) No. 937 of 2009
Smt. Beena Bhatt
…….Petitioner.
Versus
The State of Uttarakhand and others
…Respondents.
Sri Atul Bahuguna, Advocate present for the petitioner. Sri Dinesh Gahtori, Standing Counsel present for the State.
Hon’ble Sudhanshu Dhulia, J. (oral)
Heard Sri Atul Bahuguna, Advocate appearing for the petitioner and Sri Dinesh Gahtori, Standing Counsel for the State.
The petitioner is an assistant teacher in a primary school. Evidently, she was transferred from Govt. Junior High School Chawalkhet, Chamba, District Tehri Garhwal to Government Junior High School, Banali, Chamba, District Tehri Garhwal vide order dated 14.6.2007. She did not comply with this order and continued to teach in Government Junior High School Chawalkhet. Next year, vide order dated 25.7.2008, she was again transferred to Government Junior High School, Pipoladhar, Jakhanidhar, Tehri Garhwal. This order she also did not complied with and continued to teach in Government Junior High School, Chawalkhet. However, the petitioner has not been received the salary between July, 2007 to August, 2009. The salary of the remaining period, the petitioner is getting by order of superior authority. This salary is not being released to the petitioner by the Block Education Officer, Block Chamba, Tehri Garhwal.
Since it is not disputed that the petitioner has worked during this period, she is liable to get her salary.
Therefore, respondent no. 6 i.e. Block Education Officer, Block Chamba, Tehri Garhwal is directed to release the salary to the petitioner immediately and in any case not more than three weeks from the date a certified copy of this order is produced before him.
However, there is another aspect of the mater that the petitioner has not joined her place of transfer inspite of orders of the superior authorities. The Director, School Education, Uttarakhand, Dehradun is directed to take appropriate steps and in case the petitioner comes within the consideration zone as well as within the ambit of present policy in force, she may be adjusted in an appropriate school, if such is the requirement. It is also made clear that the directions of this Court are only limited for the payment of salary. In case the authorities come to the conclusions that an act of indiscipline or breach has been committed by the petitioner they are free to take the action against the petitioner, in accordance with law.
Writ petition is disposed of. No order as to costs.