IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 814 of 2005 (S/S) Smt. Madhu Negi, aged about 35 years W/o Sri Kishan Singh Negi R/o Govt. Inter College Narendranagar Tehri … Petitioner Versus 1. State of Uttaranchal through its Secretary, Education Civil Secretariat Dehradun 2. Additional District Education Officer (Basic) Tehri Garhwal 3. Headmaster, Primary School Kumarkhera, Basti Narendranagar 4. District Education Officer (D.I.O.S.) Tehri Garhwal … Respondents Sri Anil Kumar Joshi, learned counsel for the petitioner Sri Paresh Tripathi, learned standing counsel for the respondents Hon’ble B.C. Kandpal, J. By way of this writ petition, the petitioner has sought the relief for issuing the direction in the nature of mandamus commanding the respondents to permit the petitioner to join at Primary School, Kumarkhera, Basti, Tehri Garhwal where the school has been shifted, as well as to arrange her seniority at appropriate place in Primary School Kumharkhera Basti, Narendranagar. Brief facts of the case are that the petitioner was initially appointed on the post of Assistant Teacher on 10.09.1992 after due selection and was posted at Primary School Paturi. The petitioner thereafter transferred to initial place of posting to Primary School Dagar, Narendra Nagar on 16.08.1993. As the petitioner was suffered with rheumatic pain, she moved an application for transfer and her request was accepted and Additional District Basic Education Officer vide its order dated 07.01.1999 transferred the petitioner to join the duties at Primary School Narendra Nagar – I. 2 The petitioner further reveals that two Primary School, namely, Primary School, Narendranager – I (boys) and Primary School Narendranagar II (girls) were running in a common campus. In view of the Government Decision, Government Primary School, Narendranagar – I (boys) where the petitioner was working has been shifted to Kumharkhera – Basti, Narendranagr on 04.01.2002 by the order of respondent No. 2. Although the school was shifted to Kumharkhera – Basti Narendranagar but the petitioner was not relieved by respondent No. 3 for Kumharkhera and instead of relieving her, she was attached at Primary School – II (girls) without her consent. The petitioner repeatedly requested the respondent No. 3 to relieve her but of no avail hence this writ petition. Heard learned counsel for the parties and perused the record. It has been submitted by the learned counsel for the petitioner that the petitioner was although attached at Primary School, Narendranagar – II but the salary was disbursed from Primary School, Kumharkhera – I. However, at present the petitioner is being paid the salary from Primary School Narendranagar – II without her consent. It is also submitted that the Government issued an order dated 18.05.2005 by means of which all the attachment has been cancelled and it has also been ordered that all the attached teachers be relieved to their parents school. The relevant extract of the aforesaid G.O. is quoted below:- **2- lEc) f’k{kd lEc)hj.k dh J.skh esa ,sls fo|ky; esa dk;Zjr f’k{kd vk;sxs rks Js.kh 1] 2] 3] 4] o 5 {ksf= ds fo|ky;ksa esa vHkh Hkh lEc) gSa] tcfd 'kklu ds Li"V funsZ’k gSa fd fdlh izdkj izdkj dk lEc)hdj.k vfu;fer gSA vr% ,sls f’k{kdksa ds lEc)hdj.k rRdky lekIr dj mudh ewy fo/kky; gsrq dk;ZeqDr dj fn;k tkosA** It has also been submitted that the petitioner moved an application to the Principal of Primary School, Kumharkhera – Basti Narndranagar stating therein that in view of the Government Order she has came to join 3 in her parent school, hence be permitted to join but the Principal did not agree for the joining of the petitioner in the parent school without the permission of the competent authority. The copy of the application moved by the petitioner before the Principal and the endorsement made by the Principal is quoted as below:- **lsok esa Jheku~ iz/kkuk/;kid izkFkfed fo|ky; dqEgkj[ksMk ujsUnz uxj egksn; 'kklu }kjk lEc)hdj.k O;oLFkk rRdky izHkko ls lefIr ds I’pky esa vius ewy fo|ky; esa ykSV vkbZ gwWA vr% eskhj mifLFkfr Lohdkj djus dh d`ik djsaxsA l{ke vf/kdkjh ds vkns’k Hkonh; ds fcuk dk;Z Hkkj xzg.k djus g0 esa vleFkZ gwWA Jherh e/kq usxh g0 24&5&2005 lgk;d v/;kfidk ujsUnz uxj Izk0v0 dqEgkj [ksMk ujsUnzuxj** In view of the submission advanced by the learned counsel for the petitioner as well as documents filed by him before this Court, I am of the view that the respondent No. 2 shall considered the case of the petitioner in the light of the G.O. dated 18.05.2005 quoted in the body of the judgment. The writ petition is finally disposed of. The petitioner is, however directed to file the representation before the respondent No. 2 with all the material documents within a period of 15 days along with the certified copy of the judgment passed by this Court. Thereafter, the respondent No. 2 shall decide the representation of the petitioner within a period of 30 days by passing the speaking and reasoned order. (B.C. Kandpal, J.) 24.06.2005 ASWAL