Uttarakhand High Court
WPSS/1862/2011 of RAGHUNATH SINGH Vs STATE OF UTTARAKHAND and OTHERS on 29 December 2011
(Stay Application) IN WPSS no. 1862/2011 Hon’ble V.K. Bist, J. Mr. Ram Ji Srivastava, Advocate for the petitioner. Mr. Anil K. Bisht, Brief Holder for the State. Learned counsel for the parties prayed that the writ petition may be heard and decided today itself. Heard. On 15th
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Arguments
CLMA No. 13325/11 (Stay Application)
INWPSS no. 1862/2011
Hon’ble V.K. Bist, J.
Mr. Ram Ji Srivastava, Advocate for the petitioner.
Mr. Anil K. Bisht, 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. Higher Secondary School Mohan to Govt. Higher Secondary School, Dhakiya No.1, 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. Ram Ji Srivastava, 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.
Learned counsel for the petitioner prayed that the petitioner may be permitted to file representation before Secretary, Education, Uttarakhand, Dehradun/ respondent no.1 and necessary directions may be issued to respondent no.1 to decide the same within a stipulated period 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 by permitting the petitioner to submit a fresh representation alongwith certified copy of order within two weeks from today. In case, such representation is filed within two weeks from today, the Secretary, Education, Uttarakhand, Dehradun shall take decision on the representation 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, relieve the petitioner without further delay.
Interim relief application also stands disposed of.
NCM:
(V.K. Bist, J.) 29.12.2011