IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 941 (S/S) of 2010 Virendra Singh …Petitioner Versus State of Uttarakhand and others …Respondents Mr. Jitendra Chaudhary, the learned counsel for the petitioner Mr. Sushil Vashistha, the learned brief Holder for the State of Uttarakhand. Hon’ble Sudhashu Dhulia, J. Delay in filing the rejoinder affidavit is condoned. Delay condonation application no. 8108 of 2011 is allowed. Rejoinder affidavit is taken on record. Heard Mr. Jitendra Chaudhary, Advocate for the petitioner and Mr. Sushil Vashistha, learned brief Holder for the State of Uttarakhand. The petitioner in the year 2003, applied for the post of a Lecturer (Hindi) in Government Intermediate Colleges of Uttarakhand. There were several posts of Lecturer (Hindi) in Government Intermediate Colleges spreading all over in the territory of Uttarakhand for which application was invited. The selection was being made by the Public Service Commission. The petitioner was selected and was appointed as a Lecturer (Hindi) in Government Inter College at ‘Sher”, in Nainital. The case of the petitioner is that there is no such college like Government Inter College at “Sher” in Nainital and therefore, when the petitioner went to give his joining, no such joining could be given. The petitioner has been continuously pleading with the education authorities to transfer him at proper place as there is no Government Inter College at Sher in Nainital. This not being done, the petitioner has filed the present writ petition, inter alia, 2 with the following prayer which appears to be main prayer in the writ petition: “1. To issue a writ, order or direction in the nature of mandamus, directing and commanding the respondent no. 2 to pass a fresh appointment letter to the petitioner after making necessary correction in relation to the school allotted to him within a shortest span of time.” In the counter affidavit filed by the Director of School Education, it has been admitted that vide appointment letter dated 20.11.2006 the petitioner was given appointment on the post of Lecturer (Hindi) in Government Inter College, Sher, Nainital, but the said order was amended immediately thereafter on 30.3.2007 and the petitioner was posted as Lecturer (Hindi) in Government Inter College Sher, Almora for the reasons that “Sher” is in Almora and not Nainital, and Nainital was wrongly mentioned earlier. The only discrepancy, therefore, which appeared in the order dated 20.11.2006 is that instead of “Almora”, “Nainital” was written in the appointment letter and therefore vide order dated 30.3.2007 correct order of posting of petitioner was passed, posting the petitioner to Almora. Nevertheless the petitioner did not join. This aspect though is objected by the petitioner saying that the order dated 30.3.2007 was never communicated to him. However, this contention of the petitioner that order dated 30.3.2007 was never communicated to him appears to be absolutely incorrect as the respondents have annexed letter dated 30.3.2007 in the supplementary counter affidavit, vide which the Deputy Director (Madhyamik) of “Vidyalayee Shiksha Parishad” passed an order to correct the aforesaid mistake, which is on record. The respondents have also annexed an application dated 21.11.2007, which has been made by the wife of the petitioner Smt. Phoolwati 3 Devi to the Education Minister stating therein that vide order dated 20.11.2006 her husband (i.e. the petitioner) has been appointed as Lecturer (Hindi) in Government Inter College, Sher, Almora. She further stated that she has been told that the post of Lecturer (Hindi) is vacant in Government Inter College, Barahani and Banskheda, which are both situated in district Udham Singh Nagar and her husband may be adjusted there, as she is suffering from several ailments. Apart from this, the respondents have also annexed a letter of one Member of Parliament of Rajya Sabha dated 03.10.2007 requesting the Hon’ble Education Minister that the petitioner has been appointed as Lecturer (Hindi) at Government Inter College, Almora and he may be instead appointed in Government Inter College, Barhani or Banskheda and the veracity of these two letters have not been denied by the petitioner. Therefore, from the record, it is absolutely clear that the petitioner had knowledge about his posting at Almora at least from the year 2007 that this posting was at Government Inter College Sher in Almora and not Nainital, as has repeatedly been alleged in the writ petition. The petitioner undoubtedly capitalized on a small mistake made in the appointment letter dated 20.11.2006, which was actually amended by the department on 30.3.2007. Moreover, the petitioner had the knowledge of such amendment and had full knowledge that he has been posted at Government Inter College at Sher in Almora. Since, the petitioner did not want to go and give joining at Almora, which is a hill area, this Court has been informed that at the relevant time as well as at present the petitioner is working as “Assistant Teacher”, in a 4 Government Inter College in Udham Singh Nagar, which is in plains area. It is clear that the petitioner having clear information that he has been appointed at Almora did not join Almora which is apparent from the fact that his wife was continuously pleading with the education authorities to post the petitioner elsewhere, therefore, the contention of the petitioner that information regarding his posting at Almora was never communicated to him cannot be believed. Therefore, the presumption would be that the petitioner in spite of his appointment refused to give joining even after a considerable period of time of more than four years. No such orders as are being prayed by the petitioner such as directing the respondent to give him fresh order of appointment can be passed in his favour, as both equity as well as law is against the petitioner. Therefore, the writ petition is liable to be dismissed and is hereby dismissed. No order as to costs. (Sudhanshu Dhulia, J.) 09.08.2011 Avneet