Basant Kishore Dixit vs Director of Education Government of Uttarakhand and Another

Sudhanshu Dhulia, J.—Heard Mr. Raman Kumar Sah, learned Counsel for the Petitioner and Mr. H.M. Raturi, learned standing counsel for the State of Uttarakhand.

The Petitioner is an Assistant Teacher Science in a Government College. According to the Petitioner, he is 55% disabled and is presently teaching in a remote area and he wants his transfer in a nearby place at Kotdwar. According to him, in Government Inter College, Kotdwar posts of Assistant Teacher (Science) are lying vacant. He prays that his transfer may be considered at that place.

Learned Counsel for the Petitioner states that there is a government order dated 17th January 2011 in favour of the Petitioner, which gives certain benefits to disabled government servants particularly regarding their posting.

Learned standing counsel very fairly submits that the writ petition may be disposed of in terms of the first prayer of the Petitioner, which reads as under:

Issue a writ, order of direction in the nature of mandamus directing the Respondents to decide the representation of the Petitioner dated 4.7.2011 (Annexure-10)

In view of the above fact, this writ petition is disposed of at the admission stage itself with the direction that Director of Education, Government of Uttarakhand (Respondent No. 1) shall decide the representation dated 04.07.2011 (Annexure-4 to the writ petition), and any additional representation if so preferred by the Petitioner as expeditiously as possible in accordance with law, and particularly in the light of the government order dated 17th January 2011. In case the submission of the Petitioner is correct the posting of the Petitioner at Kotdwar may be considered.

In view of the above direction, the writ petition is disposed of.

No order as to costs.

Let a certified copy of this order be furnished to the learned Counsel for the Petitioner today itself on payment of the usual charges.