Poonam Bhatt vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

By means of this writ petition, petitioner has sought the following reliefs:-

“a) Issue a writ, order or direction in the nature of Certiorari to for the record and to quash the impugned the order dated 16.08.2021 (Annexure

No.-6) passed by the respondent no.- 3 qua the petitioner who is placed at Serial No.-13 in the aforesaid list, whereby, the petitioner has been directed

to be posted in Atal Utkrashta Government Inter College Barakot,District - Champawat.

b) Issue a writ, order or direction in the nature of Certiorari quashing the aforesaid order dated 16.08.2021 issued by the respondent no. 3 with respect

to the respondent no.-4 who is placed at Serial No. -9 and has been directed to be posted in Atal Utrashta Government Girls Inter College Tanakpur,

District - Champawat.

c) Issue a writ, order or direction in the nature of Mandamus directing the official respondents to permit the petitioner to avail the option of Atal

Utakrashta Government Girls Inter College including the college that has been allotted to the respondent no.-4.â€​

Instructions were called from the State Counsel. Today, on instructions, Mr. P.C. Bisht, learned Additional Chief Standing Counsel has apprised the

Court that pursuant to the order dated 16.08.2021, impugned in the writ petition, petitioner has joined duties at Atal Utkrisht Government Inter College,

Barakot, District Champawat. He has further informed the Court that in the screening test, held for posting of teachers in Atal Utkrisht Vidyalaya,

petitioner stood at Sl. No. 36 in the merit list, while, respondent no. 4 stood at Sl. No. 26, therefore, by virtue of her higher ranking in merit list,

respondent no. 4 was allotted a school in women’s branch and petitioner was given appointment in general branch. He has also produced in Court,

the consent letter given by the petitioner, where she has agreed to serve in Atal Utkrisht Government Inter College, Barakot. He further submits that

under the Government Policy, teachers are to be posted in Atal Utkrisht Vidyalaya only for a period of five years and thereafter, they shall go back to

their original cadre.

Mr. Sandeep Kothari, learned counsel appearing for the petitioner, however, submits that petitioner’s joining at Barakot is under protest and

further that Government Order dated 23.07.2021 was violated while posting the petitioner at Atal Utkrisht Government Inter College, Barakot.

This Court does not find any substance in the submission made on behalf of the petitioner. Since, selection was merit based, therefore, petitioner

cannot raise any grievance for allotment of respondent no. 4 to a girls school at Tanakpur.

Even otherwise also, order dated 16.08.2021 does not prejudice rights of the petitioner and she will continue to be a member of women’s

branch, which is her original cadre. Her other conditions of service would also remain unchaged. There is no compulsion for the petitioner to join the

offered assignment and she could have refused, if, she is not interested in serving at Barakot.

It appears that petitioner wants her posting at Tanakpur. It is for the employer to decide where an employee is to be posted.

In such view of the matter, there is no scope for interference.

Accordingly, writ petition fails and is dismissed. No order as to costs.