A single judge bench of the Justice Manoj Kumar Tiwari of Uttarakhand HC has dismissed the petition filed for challenging the order of the Chief Education Officer, Naintial as the matter was pending before the State Government.
Facts:
The facts of the case are that the petitioner is serving as Lecturer (English) in Government Inter College, Padampuri, District Nainital. On his request, he was transferred to Government Inter College, Narayan Nagar, Kusumkhera, Haldwani vide order dated 21.1.2020. By the same order, one Sri Narayan Singh Mehra was transferred in place of petitioner at Padampuri. According to petitioner, he was relieved pursuant to the said transfer order, however, he was not permitted to join at the transferred place and, on the intervention of Chief Education Officer, Naintial, he was permitted to resume duties at Padampuri. Order of Chief Education Officer, Nainital in this regard is on record as Annexure-6 to the writ petition.
In this writ petition, petitioner has challenged the aforesaid order dated 11.9.2020. A counter affidavit has been filed by Chief Education Officer, Nainital. In para 6 of the counter affidavit, it has been stated that matter of the petitioner was referred by Director, Secondary Education to the State Government vide order dated 24.9.2020 and the same is still pending before the State Government.
Observations of the Court:
The court observed that the matter is pending before the State Government for the last more than two years, therefore, writ petition is disposed of with direction to the Secretary, School Education to take decision on Director’s letter dated 24.9.2020 regarding mutual transfer of the petitioner, as early as possible but not later than six weeks from the date a certified copy of this order is received.
Decision:
The petition was dismissed by this court as the matter is pending before the State Government and directed the Secretary, School of Education to take decision at the earliest but not longer than 6 weeks.
Case: Laksam Dev vs State of Uttarakhand
Citation: WPSS 1778/2020
Coram: Justice Manoj Kumar Tiwari
Dated: 10.11.2022
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