WPSS/1495/2022 of HARISH CHANDRA BAGAURIA Vs STATE OF UTTARAKHAND

Court: Uttarakhand High Court
Decision date: 2022-08-30
Bench: ABHILASH NAINWAL, LUBHNA JAHAN, PANKAJ PUROHIT, SANDEEP KUMAR
Case number: 1495 of 2022

Parties

WPSS/1495/2022 of HARISH CHANDRA BAGAURIA (PETITIONER)
STATE OF UTTARAKHAND (RESPONDENT)

Cites (1)

SUMAN VERMA versus UNION OF INDIA AND ORS. (2004)

Statutes cited (1)

constitution of india, article-227 (1950)

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|**SL.** **No**|**Date**|**Office Notes,** **reports, orders or** **proceedings or** **directions and** **Registrar’s order** **with Signatures**||**COURT’S OR JUDGES’S ORDERS**|
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|||||WPSS No.1495 of 2022 **Hon’ble Man oj Ku m ar Tiw ar i, J.** Mr. Dushyant Manali, learned counsel for the petitioner. Mr. P.S. Bisht Kunwar, learned Additional C.S.C. for the State of Uttarakhand. Heard learned counsel for the parties and perused the record. Petitioner is serving as Assistant Teacher L.T. Grade in Government Higher Secondary School, Dhaulakhera, Tehsil Haldwani, District Nainital. He has been transferred to Government Higher Secondary School, Dudhli, District Nainital vide order dated 21.07.2022. Feeling aggrieved by his transfer, petitioner has approached this Court. The sole contention raised by learned counsel for the petitioner is that petitioner had indicated ten schools in his options, however, petitioner has been transferred to a school other than those indicated in his option. Learned State Counsel points out that out of 18 years of service, petitioner has served at_Sugam_place for more than 16|

||||years and he has rendered service at _Durgam_place only for about two years. Learned counsel for the petitioner submits that petitioner is facing certain family problem due to which it is very difficult for him to serve at Government Higher Secondary School, Duddli. Learned counsel for the State submits that if that is so, petitioner is at liberty to approach the Competent Authority by making representation. Accordingly, writ petition is disposed of by permitting petitioner to make representation to the Competent Authority, on or before 04.08.2022. It shall be open to petitioner to submit representation through e-mail, with soft copy of this order. If petitioner makes such representation within stipulated time, the Competent Authority shall take decision thereupon, within two weeks thereafter. For period of three weeks or till decision on petitioner’s representation, whichever is earlier,_status_ _quo qua_posting of petitioner shall be maintained. **( Man oj Ku m ar Tiw ar i, J.)** 29.07.2022 _Aswal_|
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