Kashi Ram Bhaskar vs State of Uttarakhand and Others

K.M. Joseph, C.J.

The writ petition has been filed seeking the following reliefs:--

"i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 11.03.2015 passed by the respondent No. 4 against the petitioner by which the application of the petitioner has been rejected by the respondent No. 4 on the ground of pending writ petition (annexure No. 1 to the writ petition).

ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the petitioner for the benefit of end session upto 31st of March, 2016, otherwise the petitioner shall suffer irreparable loss and injury and the same cannot be compensated by any means.

iii. Issue a writ, order or direction in the nature of mandamus directing the respondents to follow the provisions of government order dated 1st June, 2012 so that the teachers retiring during mid session could be benefited."

Briefly put the case of the petitioner is as follows:

The petitioner is posted as Principal in G.I.C. Kochiyar, Pauri Garhwal, which is situated in the interior area. He is due to retire by superannuation on 1st January, 2016. Under the Government Order, he claims the right to continue till the end of academic year i.e. upto 31st March, 2016. He made an application in this regard. An objection was raised by the Block Education Officer, Nainidanda, Pauri Garhwal by stating that the matter may be placed again, after disposal of the matter in the High Court.

The matter, which is referred by the Block Education Officer relates to the writ petition filed by the petitioner challenging his transfer, which was previously done on administrative ground. The said writ petition is still pending consideration.

We heard learned Government Counsel also.

When we asked the learned Government Counsel, as to what was the administrative ground, it is submitted that a counter affidavit has been filed in the said writ petition and the petitioner has taken time to file rejoinder affidavit. According to the learned Government Counsel, administrative ground relates to complaints of financial irregularities, insubordination and misbehavior with the teachers. The objection, which is taken by the Block Education Officer, which stands in the way of processing the application made by the petitioner for benefit of the end of session, is only the pendency of the case. We would think that only on the reason that the case is pending, the Block Education Officer could not have objected, may be he thought that since the matter engaged the attention of the Court, it may not be proper, but at the same time, we would think that the petitioner has a right to have his application considered in accordance with law, which only means that his case must be considered in terms of the Government Order.

Accordingly, we quash the objection, which is taken by the Block Education Officer and we dispose of the writ petition by directing 2nd respondent to process the application of the petitioner in accordance with law and take a decision thereon within a period of three months from the date of production of a certified copy of this order. It is pointed out that this court stayed the transfer order of the petitioner and the matter is pending before this Court.