Raghubir Singh Bist Vs State of Uttarakhand and Others

Uttarakhand High Court 31 Aug 2010 Writ Petition No. 749 of 2010 (2010) 08 UK CK 0038
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Writ Petition No. 749 of 2010

Hon'ble Bench

Brahma Singh Verma, J

Final Decision

Allowed

Judgement Text

Translate:

B.S. Verma, J.@mdashHeard learned Counsel for the parties.

2. By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the order dated 24.12.2009 and 17.07.2010 (Annexure 4 and 5 to the writ petition), passed by respondents.

3. Vide order dated 24.12.2009, the petitioner has been adjusted in another block. The adjustment order has been made pursuant to Government Order dated 18.09.2009, which prima-facie indicates that the adjustment could only be made where the teachers are in excess of the availability of the students in the institution. The impugned order prima-facie indicates that the petitioner is being adjusted in another institution on account of the up-gradation of the institution where the petitioner was working.

3. A supplementary affidavit has been filed on behalf of the petitioner. The same be taken on record.

4. In para-6 of the supplementary affidavit it is stated that there is vacancy of regular teachers in the institution and even otherwise also the petitioner should not have been transferred in view of Government Order dated 18.11.2009 in another block.

5. Learned Counsel for the respondents prays for and is allowed four weeks'' time to file counter affidavit. Since the Government Order itself provide that the transfer could be made only within a block, therefore, the petitioner prima facie has wrongly been transferred to another block.

6. Till the next date of listing, the impugned order dated 24.12.2009, in so far as it relates to the petitioner and order dated 17.07.2010, shall remain stayed.

7. List this petition along with writ petition No. 314 of 2010 (S/S).

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