HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 930 of 2009 (S/S) Smt. Asha Lata Chauhan …. Petitioner .. Versus State of Uttarakhand & others … Respondents Sri Rakesh Thapliyal, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand. 22nd October, 2009 Hon’ble Sudhanshu Dhulia, J. CLMA Delay Condonation Application No. 8972/2009 A counter affidavit has been filed by the State counsel along with an application for condoning the delay in filing the counter affidavit. The reasons assigned in the accompanying affidavit to the delay condonation application appear to be bona fide. The delay in filing the counter affidavit is condoned. Counter affidavit filed by the State is taken on record. W.P. No. 930 of 2009 (S/S) Heard Sri Rakesh Thapliyal, Advocate for the petitioner and Sri N.P. Sah, learned Standing Counsel for the State. The petitioner is an Assistant Teacher in Government Girls Junior High School, Chawalkhet, Chamba, Tehri Garhwal. She was earlier transferred vide order dated 25.7.2008. Against this order the petitioner moved a departmental appeal, as provided under the Government Order. In this appeal the higher authority examined the matter and came to the conclusion that the adjustment/transfer of the petitioner from Government Girls Junior High School, 2 Chawalkhet, Chamba, Tehri Garhwal to Government Girls Junior High School, Hadyana, Bhilangana, Tehri Garhwal is not proper and as far as the transfer of the petitioner was concerned the same was cancelled and it was directed that the petitioner shall stay in the place she was earlier teaching. All the same, the Block level education officer i.e. Block Education Officer who is presently impleaded by name by the petitioner as respondent no. 5 continued to harass the petitioner and did not disburse the salary of the petitioner since September, 2008. The learned counsel for the petitioner Sri Rakesh Thapliyal has categorically asserted that the petitioner has not received her salary i.e. since September, 2008. In this case the petitioner had approached the District Education Officer regarding her salary and harassment by the Block Education Officer. The District Education Officer vide order dated 26.2.2009 stated that since the earlier transfer/adjustment of the petitioner has been cancelled the petitioner should remain in Government Girls Junior High School, Chawalkhet, Chamba, Tehri Garhwal and the Block Education Officer was directed to disburse the salary of the petitioner. However, this order of the District Education Officer dated 26.2.2009 has also not been complied with by the Block Education Officer. Apart from it, the petitioner is presently aggrieved by order dated 7.7.2009 which has been presently impugned in the writ petition (Annexure 1 to the writ petition) whereby the Block Education Officer, Chamba, Tehri Garhwal has warned the Principal, Government Girls Junior High School, Chawalkhet, Chamba, Tehri Garhwal to immediately relieve the petitioner for Government Girls Junior High School, Hadiyana, Bhilangana, Tehri Garhwal to which she was earlier transferred/adjusted (which was consequently cancelled by the appellate authority). The respondents in the counter affidavit have not denied regarding the departmental appeal filed by the petitioner and 3 the fact that the earlier order of the transfer/adjustment was quashed by the said authorities. Now, admittedly since in the present case the earlier transfer/adjustment order of the petitioner has been cancelled in the departmental appeal, there is no plausible reason for the Block Education Officer to pass the order dated 7.7.2009. Moreover, there is absolutely no reason for the Block Education Officer to withhold the salary of the petitioner since September, 2008. The order dated 7.7.2009 is hereby quashed. The respondents no. 2 i.e. the Director, School Education, Dehradun is directed to ensure that the petitioner receives her salary, along with entire arrears within a period of one month from the date a certified copy of this order is presented before the Director, School Education. Learned counsel for the petitioner has made allegations of mala fide against respondent no. 4 i.e. Block Education Officer Sri Chitra Nand Kala who has also been impleaded by name as respondent no. 5. Since the Court has not issued any notices to respondent no. 5, no cognizance on this aspect is being taken by the Court. However, it is open to the Director, School Education, Dehradun to examine the aspect of mala fide on the part of Block Education Officer, Block Chamba, District Tehri Garhwal and in case the Director finds that there is mala fide on the part of Block Education Officer then suitable action must be taken against the concerned Block Education Officer. With these observations, writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 22.10.2009 Avneet