Seema Rani vs State of Uttarakhand and Others

B.S. Verma, J.

(Stay Application No. 7694 of 2011)

Heard learned Counsel for the parties.

By means of this writ petition, the Petitioner has sought the following relief:

a) Issue a writ, order or direction in the nature of certiorari quashing the order dated 16-6-2011 (Annexure-2) passed by the Respondent No. 1.

b) Issue a writ order or direction in the nature of mandamus directing the Respondents not to disturb the functioning of the Petitioner at her present place of posting.

c) Pass any other writ, order or direction, which this Hon''ble Court may deem fit and proper in the facts and circumstances of the case.

d) Award the cost of the writ petition to the Petitioner.

The Petitioner is aggrieved by the cancellation of the adjustment/transfer orders.

During the course of arguments, learned Counsel for the Petitioner has submitted that the controversy iinvolved in the present writ petition is identical to the controversy involved in Writ Petition No. 645 of 2011 (S/S) Smt. Anju Barthwal and Ors. v. State of Uttarakhand and others and that this Court vide order dated 1-7-2011 has disposed of the said writ petition along with a bunch of writ petitions involving similar controversy. Learned Counsel for the Petitioner has urged that this writ petition may be disposed of in terms of the order passed by this Court in Writ Petition No. 645 of 2011 (S/S) Smt. Anju Barthwal and Ors. v. State of Uttarakhand and others.

Learned State counsel appearing on behalf of the Respondents has fairly conceded that the controversy involved in the present writ petition is almost identical to the controversy involved in the Writ Petition No. 645 of 2011 (S/S) Smt. Anju Barthwal and Ors. v. State of Uttarakhand and others, which has been disposed of vide order dated 1-7-2011.

I have perused the order dated 1-7-2011 passed by this Court in earlier writ petitions. In the interest of justice, this writ petition is being disposed of in terms of the order dated 1-7-2011 passed in Writ Petition No. 645 of 2011 (S/S) Smt. Anju Barthwal and Ors. v. State of Uttarakhand and others.

This writ petition is disposed of in terms of the order passed in Writ Petition No. 645 of 2011 (S/S) Smt. Anju Barthwal and Ors. v. State of Uttarakhand and others with a direction to the Secretary Education, Government of Uttarakhand to look into the matter either by himself/herself or by deputing a very senior Officer in the Department of Education, who would see facts of the case and thereafter passed appropriate orders, as observed in said order. The Secretary Education or the Officer concerned deputed by him must apply his mind before passing the order and the whole exercise must be completed expeditiously as far as possible preferably within a period of three weeks from the date of production of a certified copy of this order before him, as has already been directed by this Court in the order dated 1-7-2011 passed in the aforesaid writ petition.

All pending applications stand disposed of accordingly.