WPSS/1547/2011 of AKHALA JAHAN Vs STATE OF UTTARAKHAND and OTHERS on 30 December 2011

Arguments

(Delay Condonation Appl. No.13844 of 2011)

In WPSS No.1547 of 2011

Hon’ble V.K. Bist, J.

Mr K.N. Joshi, Advocate for the petitioner. Mr N.S. Pundir, Brief Holder for the respondents.

Heard learned counsel for the parties.

Delay condonation application is allowed. Rejoinder affidavit is taken on record.

On 15[th] November, 2010, the Secretary Education, Government of Uttarakhand issued a transfer order pertaining to 429 teachers and vide same order, the petitioner was transferred from Govt. Higher Secondary School Danda, Kaknai Budam, Champawat to Govt. Inter College Bara, 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, Government 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. He further contended that infact petitioner submitted application for transfer on medical ground and by treating the said application her transfer order was passed.

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 K.N. Joshi, 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 respondents 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 submissions 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 the order and in the event, order is passed in favour of the petitioner, relieve the petitioner without further delay.

Stay application no.11839 of 2011 also stands disposed of.

(V.K. Bist, J.) 30.12.2011