IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL (Interim Relief Application No.1809 of 2009) IN Writ Petition No.242 of 2009 (S/S) Smt. Ila Pandey …..Petitioner Versus State of Uttarakhand & others ….Respondents Ms. Prabha Noliyal, Advocate for the petitioner. Mr. H.M. Raturi, Standing Counsel for the respondents. Hon’ble V.K. Bist, J. Present writ petition has been filed by the petitioner for following prayers:- I. Issue a writ, order or direction in the nature of mandamus commanding the respondents no.2, 3 & 4 to consider petitioner absorption on a newly created post on account of Upgradation of Institution in light of the direction contained in Government Order no.1553/XX IV (1)/2008-51/8 dated 2-1-2009 as an Assistant Teacher in Junior High School Kayala Hawal Bagh, Junior High School Chausli Hawal Bagh and Junior High School Chaura Kalet Hawal Bagh where post is vacant. II. Issue a writ, order or direction in the nature of mandamus commanding the respondents to decide the representation of the petitioner which is pending before them. III. To pass any other and further orders, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. IV. Award the cost of the petition to the petitioner. Respondents filed their counter affidavit on 01.04.2009. In paragraph 3(iii) of the counter affidavit it is mentioned that the petitioner had applied for adjustment in one of three Junior High School within the District as mentioned in her representation. However, due to non-availability of vacant post in two mentioned schools at serial no.1 & 2 i.e. at Kayala & Tarad and due to not running of newly sanctioned Junior High School at Chausali, the petitioner was not adjusted as per her choice. Petitioner filed rejoinder affidavit and annexed a document (annexure no.R.A. 4) in which the Head Master for Government Junior High School Kayala, Hawalbagh, Almora made a note that a post of Assistant Teacher Science is vacant in Government Junior High School Kayala, Hawalbagh, Almora. In view of aforesaid facts, the respondents are directed to consider the case of the petitioner for adjustment in Junior High School Kayala, Hawalbagh, Almora within a period of one month from the date of production of certified copy of this order. With these observations, the writ petition is disposed of. (V.K.Bist. J,) 26.06.2009 Arti