WPSS/2013/2011 of SMT SEEMA Vs STATE OF UTTARAKHAND and OTHERS on 30 December 2011

CLMA No. 13912/11 (Stay Application)

INWPSS no. 2013/2011

Hon’ble V.K. Bist, J.

Mr. Vikas Pandey, learned counsel for the petitioner.

Mr. Anil K. Bisht, learned Brief Holder for the State/respondents.

Heard learned counsel for the parties.

Petitioner was appointed as Assistant Teacher L.T. Grade (Science) and at present, is posted at G.G.I.C., Ancholi, District Pithoragarh. On 30.05.2009, an advertisement was issued by the Uttarakhand Public Service Commission for the posts of Lecturer Biology. Petitioner applied for the said post and was selected. After her selection, she was issued appointment letter dated 17.03.2011, by which she was posted at G.G.I.C., Thal, District Pithoragarh.

The submission of learned counsel for the petitioner is that the post of Lecturer in Biology is vacant in the same College, where the petitioner is working. Therefore, she made representation before the respondent no.2 to consider her application for her posting there or at the nearby place. But nothing has been done by the respondent no.2 so far. This representation is based on the Government Order No.194/XXIV-2/2011-13(33)/2010 dated 10[th] March, 2011, which provides that for the appointment of lady teacher, preference shall be given for her posting in the same institution. Learned counsel for the petitioner submitted that in view of this Government Order, the respondents should have considered the representation of the petitioner and should have amended the appointment order and should have posted the petitioner in the same College or at the nearby place.

Learned counsel for the petitioner prayed that direction may be issued to the respondent no.2 to consider the representation of the petitioner in the light of the Government Order dated 10[th] March, 2011.

Learned Brief Holder for the State also submitted that it will be appropriate, in case such direction is issued to the respondent no.2 and the representation of the petitioner be decided in accordance with law.

In view of the statement of learned counsel for the parties, the writ petition is disposed of with the direction to the respondent no.2 to decide the representation of the petitioner dated 30.03.2011 expeditiously, preferably within a period of one month from the date of production of certified copy of the order. Respondent no.2 will also consider the prayer of the petitioner for her posting at nearby place.

Interim Relief Application (CLMA No.13912 of 2011) also stands disposed of.

NCM:

(V.K. Bist, J.) 30.12.2011