Jitendra Kumar Gehlot vs State Of Uttarakhand And Others

Ravindra Maithani, J

Petitioner seeks the following reliefs:

“(i) Issue a writ, orders or direction in the nature of certiorari for quashing the impugned order dated 08.12.2020 passed by respondent no.3 District

Education Officer (Primary School), Haridwar (contained in annexure no.6) and order dated 25th November, 2020 (contained in annexure no. 5)

passed by the respondent no. Deputy Education Officer, Primary Education, Bahadrabad, District Haridwar, whereby the petitioner has been relieved.

(ii) Issue a writ, orders or direction in the nature of certiorari for quashing the impugned order dated 11th November, 2020 passed by respondent no.2

i.e. Director, Primary Education; Uttarakhand and Government Order dated 28 October, 2020 (contained in annexure no.4) passed by the respondent

no.1.

(iii) Issue writ, order or direction which is this Hon’ble Court may deem fit and proper under the circumstances of the case.

(iii) Award the cost of the petition.â€​

According to the petitioner, by virtue of Office Memo dated 21st November, 2016, she was transferred from Dehradun to District Hardiwar, where

she joined. Subsequently, the order dated 21st November, 2016 was cancelled. The petitions filed against the cancellation order decided were decided

with the liberty to make representation. Finally, it is the case of the petitioner that on 10th December, 2020, the petitioner has further been transferred

to District Dehradun.

Heard learned counsel for the petitioner as well as learned counsel for the State.

Learned counsel for the petitioner, at the very outset, very fairly concedes that the claim of similarly situated petitioners have already been rejected

by Single Judge Bench of this Court. Subsequently, the Claim was further rejected in Special Appeals, which were decided on 13th January, 2021,

being Special Appeal No. 02 of 2021, Smt. Asha Mohan vs. State of Uttarakhand and other connected appeals.

Learned counsel for the State also admits that in view of the judgment in Special Appeal No. 02 of 2021 of this Court, the claim of the petitioner is

liable to be rejected.

Since, the controversy has already been decided by this Court, the instant petition is also disposed of in terms of the order dated 13th January, 2021,

passed in Special Appeal No. 02 of 2021, Smt. Asha Mohan vs. State of Uttarakhand and others along with connected matters.

Accordingly the petition is dismissed.