IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1025 of 2009 (S/S) Sunita Negi W/o Sri Vijendra Singh Negi R/o Near Sundariyal Weeding Point, Padampur Sukharao, Kotdwar, District Pauri Garhwal. Presently posted at Basic School, Savra Shiksha Mohan Pujari, Block Dugadda, District Pauri Garhwal. ...…………. Petitioner Versus 1. State of Uttarakhand through Secretary Education Uttarakhand Sashan, Dehradun. 2. Director of Education, Uttarakhand Nunurkhera, Dehradun. 3. Khand Shiksha Adhikari, Dugadda Block, District Pauri Garhwal. ...…………. Respondents Mr. U.P.S. Negi, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for respondents. Hon’ble Prafulla C. Pant, J. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of mandamus, directing the respondents to decide the representation dated 10.08.2009 (copy Annexure –3 to the writ petition). A further mandamus has been sought directing the respondents to make payment of petitioner’s salary for 2 the months of May and June 2003, and also arrears of salary w.e.f. September 2007. 2) Heard learned counsel for the parties and perused the papers on record. No counter affidavit has been filed in compliance of order dated 23.10.2009, passed by this Court. 3) Brief facts of the case, as narrated in the writ petition, are that the petitioner is in service of Education Department, and posted in Sarva Shiksha School Mohan Pujari, Block Dugadda, District Pauri Garhwal. Initially the petitioner joined her service as Assistant Teacher in Primary School Budhgaon, Jaiharikhal Block, District Pauri Garhwal, in October 1993. She remained posted there till 1996. There after, she was transferred to Primary School Silwar. Where after, she was posted in Gailikhet in 1997, where she worked till August 1998. In September 1998, petitioner was promoted as Head Mistress, and posted in Primary School Sinduri, where she worked till June 2002. In July 2002, she was transferred to Kimsera Primary School in Dugadda Block, but after a month she was sent to Sarva Shiksha School Mohan Pujari, District Pauri Garhwal where she was presently working. The case of the petitioner is that Primary Schools viz. Silwar, Sinduri, Kimsera and Mohan Pujari all lie in remote area (Durgam) in District Pauri Garhwal. Though, in July 2003, petitioner was transferred to 3 Primary School Rigandikhal, but she could not join as no there was vacant post. In September 2007, petitioner made representation along with other teachers for her adjustment in some accessible (Sugam) place. It is alleged in the writ petition that petitioner’s representation has not been decided by the respondent authorities, and under the transfer policy of the State Government the petitioner is entitled to her posting in some Sugam place. In Para 9 of the writ petition it has been stated that the petitioner is not getting her salary from September 2007 for no fault on her part. It is also pleaded that she did not get salary for the months of May and June 2003. Hence, this writ petition. 4) Respondents have not filed any counter affidavit to the writ petition, as such, the pleadings (which are supported by affidavit in the writ petition) that the petitioner’s representation, has not been decided, and she is not getting her salary since September 2007, and was not paid salary for the months of May and June 2003, can be accepted. 5) Apart from this, learned counsel for the petitioner drew attention of this Court to Annexure –6 to the writ petition, which is copy of information dated 25.01.2008, given to the petitioner by respondent No. 3 Block Education Officer, Block Dugadda, District Pauri Garhwal, under Right to Information Act, 2005. At Sl. No. 3 of said information, it is mentioned that – 4 “Jherh lquhrk usxh dks o"kZ 2007 esa 'kklukns’kkuqlkj lEc)hdj.k lEkkIr gksus ij mUgsa vius ewy fo|ky; izk0fo0 fdelsjk esa okil tkus dk vkns’k fuxZr fd;k x;kA At Sl. No. 4 of said information, the petitioner is informed as under:- ekg ebZ ,oa twu 2003 esa izk0fo0 fdelsjk ls Jherh lquhrk usxh ds LFkku ij RkRdkyhu lgk;d Cksfld f’k{kk vf/kdkjh nqxM~Mk ¼Jh nsosUnz dqekj iks[kfj;ky½ }kjk Jherh ';kek pkSgku dk osru vkgfjr fd;k x;k] tksfd orZeku esa lsokfuOk`Rr gks pqdsa gSaA At Sl. No. 5 of said information, the petitioner was informed as under: – “ ………………….. rFkk fu;ekuqlkj osru Hkqxrku dh dk;Zokgh dh tk jgh gS …………………………….” Aforesaid information supplied to the petitioner by respondent No. 3 corroborates the averments made in the affidavit filed on behalf of the petitioner. 6) In above circumstances, this writ petition is disposed of with following directions:- (i) The petitioner shall join her duties in Primary School Kimsera, within a period of one month from today, (if the post has not already been filled). Thereafter, she may make a representation from said 5 place for her transfer to some Sugam place, which shall be decided by the authority concerned (respondent No. 3), within three months from the date of making of such representation along with certified copy of this Order. (ii) The payment of salary to the petitioner for the months of May and June 2003 shall be ensured within three months by the respondent No. 3 from the date of production of certified copy of this Order before said authority. Also, after the petitioner’s joining her duties at Kimsera (if not post already filled) as directed above, or the place wherever she is directed to join her duties, the arrears of salary w.e.f. September 2007 for the period she has worked in Mohan Pujari till date, shall be made within a period of three months from the date certified copy of this Order is produced before the authority concerned (respondent No. 3). (Interim Relief Application No. 9110 of 2009 also stands disposed of). (Prafulla C. Pant, J.) Dt. November 25, 2009. H. Negi