THE HIGH COURT OF UTTARANCHAL AT NAINITAL. Writ Petition (S/S) No. 384 of 2005 Chander Prakash Joshi, S/O Sri N.N. Joshi, Presently working as Assistant Teacher Junior High School, Putgaon, Okhalkanda, District Nainital. … Petitioner. Versus 1. Joint Director of Education, Kumaon Mandal, Nainital. 2. Basic Shiksha Adhikari, District Udham Singh Nagar. 3. Basic Shiksha Adhikari, District Nainital. … Respondents. Sri Pradeep Hairiya, Advocate, learned counsel for the petitioners. Learned Standing Counsel for the respondents. Dated April 11, 2005. PC: (Hon’ble B.S. Verma, J.) Heard Sri Pradeep Hairiya, learned counsel for the petitioner as well as learned Standing Counsel for the respondents. By means of the present writ petition, the petitioner, who is presently posted as Assistant Teacher, in Junior High School, Putgaon, Okhalkanda, district Nainital, seeks a direction in the nature of mandamus directing the respondents to relieve him for district Udham Singh Nagar from district Nainital in the vacant post of Assistant Teacher of Junior section. The contention of the petitioner is that he was appointed as Assistant Teacher in Primary School, Jamur, Khatima, in the year 1993 and the petitioner was promoted as Assistant Teacher, Junior High School in the year 1996. After the bifurcation of district Udham Singh Nagar from district Nainital, options were invited from the employees working in the two districts. The petitioner gave 2 his option to work in the district of Udham Singh Nagar as his entire assets lay in that district. It has been alleged that other employees who opted for Udham Singh Nagar have already been relieved for district Udham Singh Nagar, but the option of the petitioner has not been decided till date. The respondents have prepared the option list showing the name of the petitioner at serial no.78. The petitioner made representation before the authorities concerned to relieve him for Udham Singh Nagar., as opted by him, but neither any decision was taken on the representation nor the petitioner is being relieved for district Udham Singh Nagar. In the course of argument, the learned counsel for the petitioner submitted that the case of the petitioner is squarely covered by the judgment of this Court dated 23.7.2004, passed in Writ Petition No. 837(S/S) 2004, Mahendra Singh Yadav Vs. Joint Director of Education (Basic) and others and the present case is similar in nature. In view of the aforesaid facts and the circumstances of the case, I direct the respondents/the authority, who is Incharge of the Basic Schools of the Kumaon Region to decide the representation moved by the petitioner within a period of four weeks from the date of receipt of a certified copy of this order. The petitioner is directed to place the copy of this order along with his representation before the Joint Director of Education, Kumaon Mandal, Nainital – the respondent no. 1 within two weeks from today. With these directions, the writ petition is disposed of finally. (B.S. Verma, J.) RCP 3