Raj Pal Singh vs State of Uttarakhand and Others

Sudhanshu Dhulia, J.—Heard Mr. C.K. Sharma, Advocate for the Petitioner and Mr. Anil Bisht, Brief Holder for the State of Uttarakhand.

The Petitioner is a Junior Clerk in a Government Degree College at Kashipur. The Government vide order-dated 23.6.2011 has done some restructuring and consequently has promoted Junior Clerks to the post of Senior Assistant and in some cases had transferred them to other Government Degree Colleges. The Petitioner has also been promoted to the post of Senior Assistant and has now been transferred (as consequence of this promotion) from Government Degree College, Kashipur to Government Post Graduate Degree College at New Tehari. The Petitioner says that in many cases where such promotions have been made such persons have been adjusted in the same Degree Colleges. He has cited the cases of Shri Kailash Chandra Pant, Mrs. Laxmi Verma, Mrs. Sushma Kapoor, who though like the Petitioner have been promoted to Senior Assistant yet they have been adjusted in the same Government Degree College. The Petitioner therefore claims parity. All the same, this cannot be granted as there is no parity in such matters. Nor can this Court direct the Respondents to adjust the Petitioner in the same College.

The second contention of the Petitioner is that his wife is also a government servant and presently working as L.T Grade teacher posted at Government College Bangidhaar, Salt, District Almora. The Petitioner has also relied upon the government order (which has been admitted by the Respondent), which says that as far as possible if wife and husband are government servants they should be posted at the same place. Considering this fact and the fact that the Petitioner has small children who presently studying at the present place of posting, though no interference is being made by this Court, this Court directs Director, Higher Education, Government of Uttarakhand to look into the matter and considering the difficulties of the Petitioner and keeping in mind the Government Order which says as far as possible husband and wife should be posted at the same place, the concerned authority shall explore possibilities where the Petitioner can be adjusted either in district Udham Sing Nagar itself (as Kashipur part of the district Udham Singh Nagar) or the place where his wife is posted i.e. District Almora.

With the above directions, the writ petition is disposed of.

No order as to costs.