Uttarakhand High Court
WRIT PETITION 2005 of 2011 on 30 December 2011
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Arguments
CLMA No. 13892/11 (Stay Application)
INWPSS no. 2005/2011
Hon’ble V.K. Bist, J.
Mr. Suresh Chandrar Bhatt, Advocate for the petitioner.
Mr. N.S. Pundir, Brief Holder for the State.
Learned counsel for the parties prayed that the writ petition may be heard and decided today itself.
Heard.
On 15[th] November, 2010, the Secretary Education, Govt. of Uttarakhand issued a transfer order pertaining to 429 teachers and vide same order, the petitioner was transferred from Govt. High School, Rithakhal, District Champawat to Govt. High School, Nagla Tarai, Khatima, District Udham Singh Nagar. Contention of the petitioner is that pursuant to the said transfer order, some of the teachers were relieved, but the petitioner was not relieved. Thereafter, on 23[rd] November, 2010, the Secretary, Education, Govt. of Uttarakhand wrote to the Director, School Education, Uttarakhand not to relieve any of the teachers, till further orders, therefore the petitioner could not be relieved.
Learned counsel for the petitioner referred an order dated 16[th] August, 2011 by which several teachers have been relieved in pursuance of the impugned transfer order dated 15[th] November, 2010, however the petitioner has not been relieved till date. Mr. S.C. Bhatt, Advocate for the petitioner submitted that the respondents have kept the transfer order in abeyance for no valid reason and they are relieving the teachers on their own choice by adopting pick and choose policy. He further submitted that direction may be issued to the respondents for relieving the petitioner without any delay.
Learned Brief Holder for the State submits that relieving cannot be done in view of the directions issued by the Secretary, on 23.11.2010, but he could not satisfy the Court as to why final decision has not been taken in the matter though a considerable period of more than one year has elapsed.
Having considered the submission of the learned counsel for the parties and upon examination of the record, the writ petition is disposed of summarily with the direction to Secretary, Education, Uttarakhand, Dehradun to take decision in the matter of petitioner within a period of three weeks from the date of production of a certified copy of this order and in the event, order is passed in favour of the petitioner, to relieve the petitioner without further delay. Interim relief application also stands disposed of.
NCM:
(V.K. Bist, J.) 30.12.2011