Khajan Singh vs Regional Deputy Director, Education, Kumaon Region and Another

Rajesh Tandon, J.—The petitioner has filed the present writ petition seeking a writ of mandamus commanding the respondents to allow the petitioner to join at Government Girls Inter College, Kichha, Udham Singh Nagar as Senior Clerk and to pay his salaries regularly.

Brief facts of the case are that the petitioner was a Senior Clerk in Government Inter College, Swar, Rampur. The wife of the petitioner was a Teacher in Primary School, Kanakpur, Distt. Udham Singh Nagar.

The petitioner has requested the authorities for transferring him near Kanakpur, Distt. Udham Singh Nagar. The petitioner was accordingly transferred on 25.7.96 from Government Inter College, Swar, Rampur to Government Girls Inter College, Kichha, Distt. Udham Singh Nagar.

The grievance of the petitioner is that one Ajay Kumar Trivedi was transferred to Government Inter College, Swar, Rampur and no post was left vacant.

The petitioner in compliance of the order reached Government Girls Inter College, Kichha, Udham Singh Nagar and requested to the Principal of the College to allow him to join. However, the petitioner, was not allowed to join on the ground that there was already a Senior Clerk working in the College. The petitioner, therefore, could not join at the transferred place. However, the petitioner has alleged that he was relieved on 13th August, 1996 from Government Inter College, Swar, Rampur.

The petitioner has represented on 17.8.96 to the Addl. Director of Education, Directorate, Basic Education for accommodation him at Kichha as a Senior Clerk.

Further on 27.8.96, the petitioner has made a representation to the Addl. Director of Education. On 29.8.96, the petitioner, further has made a representation to the Regional Deputy Director, Kumaon Region, Nainital for accommodating him at Kichha, but of no response. In the background of the aforesaid situation, the petitioner has come up in the writ petition.

At the time of filfing of writ petition, the following interim order was passed on 10th September, 1996 :

"List this Writ Petition on 18.9.96. w. coming stay."

As will appear from the order dated 10th September, 1996, the petitioner was directed to make a representation, but the same has not yet been disposed of. The petitioner has already represented on 7.9.2002, but nothing has happened, no orders have been passed.

On behalf of the State, a counter-affidavit has been filed.

In view of the aforesaid order passed on 22.8.96 both the parties have stated that the transfer order is still in existence.

The petitioner, however, has stated that the petitioner was never informed regarding the order dated 22.8.96 by which the transfer order has been changed i.e., from Kichha to Sitarganj. The petitioner has further stated that in the same order dated 22.8.96 there is a mention also that the transfer order may be amended accordingly but till today no information has been sent to him regarding the aforesaid amendment. Paragraph 6 of the order dated 22.8.96 is quoted below :--

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The Standing Counsel has undertaken to abide the order dated 22.8.96 by which the petitioner has been transferred to Sitarganj instead of Kichha.

In view of the aforesaid facts and circumstances, map relief can be granted to the petitioner under Article 226 of the Constitution of India.

The respondents are ready to comply the order dated 22.8.96.

The petitioner has given the undertaking that he will join at Sitarganj. The petitioner shall report on 7th November, 2003, before the respondent No. 1 Regional Deputy Director of Education, Kumaon Region, Nainital, who will pass necessary orders regarding the joining of the petitioner in accordance wilt the order dated 22.8.96 or subsequent order passed thereon.

Liberty is given to the petitioner to approach the authorities for his posting as well as for remuneration.

In view of the aforesaid, the writ petition is dismissed. There will be no order as to costs. Registry shall send the copy of the order to the Regional Deputy Director of Education, Kumaon Region, Nainital.