Pankaj Kumar vs State Of Uttarakhand And Others on 11 July, 2017

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Uttarakhand High Court

Pankaj Kumar vs State Of Uttarakhand And Others on 11 July, 2017

Bench: Manoj K. Tiwari

     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
            Writ Petition (S/S) No. 2299 of 2016
Pankaj Kumar                                                     ... Petitioner
                                          Vs

State of Uttarakhand & others                                   ... Respondents
Mr. A.M. Saklani, Advocate, present for the petitioner.
Mr. Vikas Pande, Brief Holder, present for the State of Uttarakhand/respondent Nos. 1 to
3.
Mr. Rakesh Thapliyal, Advocate, present for respondent No. 6.

Hon'ble Manoj K. Tiwari, J. (Oral)

1. Heard Mr. A.M. Saklani, learned counsel for the petitioner, Mr. Vikas Pande, Brief Holder for the State, Mr. Rakesh Thapliyal, learned counsel for respondent No. 6 and perused the records.

2. According to Mr. Saklani, petitioner is a regular employee of Janta Inter College, Rudrapur, Udham Singh Nagar serving on the post of Assistant Teacher - L.T. Grade (English). According to him, petitioner had applied for transfer from Janta Inter College, Rudrapur to Jwalapur Inter College, Jwalapur, District Haridwar. It is the case of petitioner that both the institutions are Government aided institutions and Committee of Managements of both the institutions have given concurrence for petitioner's transfer. Grievance of the petitioner is that a PTA teacher is serving against the vacancy on the post of Assistant Teacher - L.T. Grade (English) in Jawalapur Inter College, Jwalapur, Haridwar, who had earlier resigned but subsequently she was permitted to withdraw her resignation and now she is again serving as PTA teacher. Consequently, petitioner's request for transfer to Jwalapur Inter College, Haridwar is not being considered.

3. Mr. Rakesh Thapliyal, learned counsel for respondent No. 6 disputes the contention of learned counsel for petitioner and submits that Mrs. Jyoti Ahuja had never resigned and he further submits that she is continuously serving as PTA teacher since 2006 and is also getting honorarium from the State exchequer.

4. Without going into merits of the case, this Court is of the opinion that interest of justice would be served, if the Director, School Education, Uttarakhand is directed to look into the matter, in accordance with law.

5. Accordingly, the writ petition is disposed of with liberty to petitioner to make an appropriate representation before respondent No. 2 - Director, School Education, Uttarakhand within two weeks from today. If such a representation is made, Director, School Education, Uttarakhand shall take a decision, after hearing all concerned persons and pass a reasoned and speaking order, within a period of eight weeks from the date of presentation of certified copy of this order.

(Manoj K. Tiwari, J.) 11.07.2017 Aswal

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