IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1616 of 2007 (S/S) Deepika Chaunsali W/o Shri Mohan Chaunsali R/o Village Nera Pithoragarh District Pithoragarh. ………….. Petitioner Versus 1. State of Uttarakhand through Education Secretary Dehradun. 2. State of Uttarakhand through Director of Education Uttarakhand, Dehradun. 3. District Education Officer District Pithoragarh. 4. Additional District Education Officer (Basic) District Pithoragrah. ……………… Respondents Mr. Lalit Samant, Advocate for the petitioner. Mr. H.M. Raturi, Standing Counsel for the respondents. Hon’ble Prafulla C. Pant, J. Heard Mr. Lalit Samant learned counsel for the petitioner and Mr. H.M. Raturi, learned Standing Counsel appearing for the respondents. 2) By means of this writ petition, the petitioner has challenged the impugned order dated 03.10.2007, passed by respondent No. 4, rejecting the representation of the petitioner regarding payment of her salary from Primary School Supokhara. 3) It appears that earlier the petitioner filed Writ Petition No. 1197 (S/S) of 2007, seeking mandamus for payment of salary, stating that she has been transferred from Primary School Askot to Primary School Supokhara. The petitioner is an Assistant Teacher. Said writ petition was decided by another Bench of this Court on 30.08.2007, with following directions: “in the circumstances, I deem it fit and proper to direct the petitioner to make a representation before the Additional District Educatoin Officer (Basic) Pithoragarh for redressal of her grievances, if such a representation is moved before the Additional District Education Officer (Basic) Pithoragarh, He is directed to take decision on the representation of the petitioner and make payment of salary to the petitioner within a period of three weeks from the date of production of a certified copy of this order along with the representation, if there is no any legal hurdle.” 4) It appears that in compliance of said order, the impugned order dated 03.10.2007 (copy Annexure-20 to the writ petition) is passed by respondent No.4, concluding as under: **;kph Jhefr nhfidk PkkSalkyh] l0v0 izk0fo0 vLdksV izFke l{ke vf/kdkjh ds fcuk Lor% dk;ZeqDr gksdj vU;= fo|ky; izk0fo0 lqiks[kjk esa LosPNk ls dk;Z dj jgh gS A ‘’kklukns’k la[;k 845@XXXIV(1)@2005&54@2005 fnukad 12fnlEcj 2005 }kjk mRrjk[k.M jkT; ds izkFkfed fo|ky; esa 30 flrEcj 2007 dh Nk= la[;k dks vk/kkj ekudj fo|ky;okj 40 % 1 Nk= v/;kid ds vuqikr esa v/;kidks dh x.kuk fu/kkZfjr fd;s tkus dk izkfo/kku fd;k x;k ftlesa 100 Nk= la[;k ij 02 v/;kid] 101 ls 140 rd 03 v/;kid la[;k fu/kkZfjr dh x;h gS A izk0fo0 lqiks[kjk dh Nk= la[;k 30 gS vkSj tgka 02 v/;kid iwoZ ls gh dk;Zjr gSaA lUnfHkZr ‘’kklukns’kkuqlkj 30 Nk= la[k;k ij 02 gh v/;kidksa dh vko’;drk gS A vr% ’kklukns’k la[;k 845@XXIV(1)@2005& 54@2005 fnukad 12 fnlEcj 2005 ds vuqikyu esa Jherh nhfidk pkSalkyh l0v0 dk osru Hkqxrku izk0fo0 lqiks[kjk ls vkgfjr fd;k tkuk lEHko ugh gS A vuqdEik ds vk/kkj ij blh izdkj ds tuin esa vU; izdj.k Hkh gSa] ftuds lEcU/k esa ’kklu@funs’kky; Lrj ij dk;Zokgh py jgh gS A vr% izk0fo0 lqiks[kjk ls Jherh nhfidk pkSalkyh] l0v0 dk osru vkgfjr fd;s tkus ij dkuwuh ck/kk vk;sxhA vr% ;kph Jherh nhfidk pkSalkyh] l0v0 ds izR;kosnu fnukad 14-09-2007 rFkk lEcfU/kr rF;ksa ij le;d fopkjksijkUr izR;kosnu mijksDrkuqlkj fuLrkfjr fd;k tkrkk gSA** 5) Learned counsel for the petitioner drew attention of this Court to Annexure-14 to the writ petition, which is copy of Directorate’s letter No. Basic (Sthana.-4)/46999- 41024/2005-06 dated 14 December 2005, whereby the Director of Education has directed the District Education Officer, Pithoragarh, to transfer the petitioner from Primary School Askot to any of the primary School of Bastey, Satsiling, Supokhara, Ghunseragaon, where there is vacancy. Learned counsel for the petitioner could not show this Court any order of the District Education Officer directing the petitioner to be transferred to Primary School Supokhara, However, he relied on Annexure-15, which is relieving order of the Head Master / Headmistress of Primary School Askot (first), in which it is mentioned that in pursuance to the Government Order, the petitioner is relieved w.e.f. 05.01.2006 for Primacy School Supokhara. Annexure -16 to the writ petition, is the copy of the joining report submitted by Head Master / Headmistress of Primary School, Supokhara to the Additional District Education Officer (Basic) stating that in pursuance to the order No. Basic (Sthna.) / 46999-41024/ 2005-06 dated 14 December 2005, petitioner has been permitted to join in the Primary School at Supokhara w.e.f. 1st February 2006.On the basis of these two documents it is being argued that the petitioner has wrongly been denied salary in Primary School Supokhara. But the argument of learned counsel for the petitioner is lame, as there is no transfer order passed by District Education Officer or Additional District Education Officer (Basic) in pursuance to the Directorates’ Circular Letter No. Basic (Sthana. -4)/46999 -41024/2005-06 dated 14 December 2005. Until and unless, there was vacancy in Primary School Supokhara, the petitioner could not have been posted in that school. The impugned order shows that the petitioner appears to be surplus teacher in Primary School Supokhara, where the sanctioned strength is only of two teachers. In the circumstances, this Court finds that petitioner herself is partly responsible for this state of affairs, as without waiting for the orders from the Additional District Education Officer for the school where the vacancy existed, she got relieved from Primary School Askot (first), joined in Primary School Supokhara. 6) Having heard learned counsel for the parties, in the above circumstances, this writ petition is disposed of with the following directions: i) The Petitioner shall immediately join back her duties at Primary School Askot (first), Pithoragrah. ii) On her joining back there, she may make a representation to the authorities concerned from there for release of her salary, as she has worked in primary School Supokhara bona fide, in view of the Directorates’ order date 14th December 2005 (copy Annexure-14 to the writ petition), and on being relieved by the Head Master/Headmistress at Askot. iii) The respondent No. 4 shall consider the representation of the petitioner made by her after joining back her duties at Primary School Askot and release her salary within a period of one month from the date certified copy of this order is produced before such authority along with the representation. (Prafulla C. Pant, J.) Dt. November 02, 2007. H.Negi