IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 506 of 2007 (S/S) Sri Harish Chandra Arya S/o late Sri Sobha Ram Serving as Lecturer (Economics) Govt. Intermediate College, Dhaniakot, Nainital. ..................... Petitioner Versus 1. State of Uttarakhand through Secretary Deptt. of Secondary Education, Govt. of Uttarakhand, Dehradun. 2. Director, School Education Uttarakhand, Dehradun. 3. Additional Director, School Education, Uttarakhand, Dehradun. .................. Respondents Mr. Alok Mehra, Advocate holding brief of Mr. Manoj Tiwari, learned counsel for the petitioner. Mr. P.C. Bisht, Brief Holder for the respondents. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit filed by them. 2) By means of this writ petition, the petitioner has challenged the order dated 24th of April 2007 / 1st of May 2007, whereby respondent No. 3 has cancelled the posting orders of the petitioner to Government Intermediate College, Dhaniakot. 3) Brief facts of the case are that the petitioner was working as Assistant Teacher, L.T. Grade in Government Intermediate College, Dak Pathar, Dehradun. The petitioner, on promotion in the Lecturer’s Grade, was directed to join his duties in Government Intermediate College, Barnigad, Uttarkahsi. However, said order was superceded by order dated 29th of March 2007, whereby the petitioner was directed to join his duties as Lecturer in Government Intermediate College, Dhaniakot, Nainital. By the impugned order dated 24.04.2007 / 01.05.2007, the order of posting to Government Intermediate College, Dhaniakot was cancelled. Aggrieved by said order this writ petition was filed. 4) Learned counsel for the petitioner submitted that after the petitioner had complied with the order of promotion and posting, by joining his duties at Dhaniakot, the same could not have been cancelled by the Government, as the order had already been acted upon. Apart from this, the Government Order dated 9th of May 2007, which is relied on behalf of the respondents and it is stated in the counter affidavit that in pursuance of said order, the posting of the petitioner was cancelled is also of no help to the respondents for the reason that by the Government Order No. 210 / XXIV -2/ 2007 dated 12th of May 2007, issued by the Secretary, School Education, Government of Uttarakhand, it is clarified that the Government Order dated 09.05.2007, cancelling the posting order would not be applicable to the new postings and the postings made on promotion. 5) Consequently, it appears to this Court that the impugned order dated 24.04.2007 / 01.05.2007, whereby the posting on promotion of the petitioner to Government Intermediate College, Dhaniakot is cancelled, is erroneous and cannot be sustained in the eyes of law. 6) Therefore, the writ petition is allowed. The impugned order dated 24.04.2007 / 01.05.2007, (cancelling the petitioner’s posting on promotion to Government Intermediate College, Dhaniakot, Nainital,) is hereby quashed. (Prafulla C. Pant, J.) Dt. August 04, 2008. H.Negi