High CourtsSingle Bench

Shivani Rawat & Others vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 25 January 2021 · Citation: (2021) 01 UK CK 0088

HON’BLE JUDGES
Lok Pal Singh, J
ACTS & SECTIONS REFERRED
Transfer Of Property Act, 1882 — Section 27
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 722, 723, 727, 902 Of 2020 S/S
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Judgment

24 paragraphs · 421 words

Lok Pal Singh, J

1.

Since the controversy involved in aforementioned petitions is same, therefore, these petitions are being disposed of by this common judgment.

2.

By means of present petitions, the petitioners have sought following reliefs:

“(i) Issue a writ order or direction in the nature of certiorari calling for the records and quashing the communication dated 11th June 2020 issued by

Director, Elementary Education, Uttarakhand, Dehradun as well as the consequent communication dated 12th June 2020 issued by the District

Education Officer (Elementary Education), Dehradun, whereby the Teachers covered by Government order 23.11.2016 have been directed to be

relieved for their original cadre, being arbitrary and discriminatory.

(ii) Issue writ or direction in the nature of certiorari calling for the record and quashing the order dated 27.09.2018 passed by the Secretary, Education;

order dated 22.10.2019 passed by the Director, Education and the order dated 06.11.2019 passed by the Deputy Education Officer, Doiwala,

Dehradun.

(iii) Issue writ or direction in the nature of certiorari calling for the record and quashing the impugned relieving order dated 10th August 020 passed by

the District Education Officer (elementary education), Dehradun relieving the petitioners for their original place of posting.

(iv) Issue a writ order or direction in the nature of mandamus or an appropriate writ for holding an independent enquiry with regard to the

irregularities/illegalities done by the official respondent in providing benefit to the persons of their choice by providing them the shelter from transfer on

the ground that a decision is being taken in their case as provided under Section 27 of the Transfer Act and now retaining them at the present place of

posting.

(v) Issue a writ, order or direction in the nature of mandamus or an appropriate writ for holding an independent enquiry with regard to the attachment

orders issued on 12.2.2019 and 7.8.2019 by which the employees of their choice are being attached/absorbed by the respondent no.6.â€​

3.

Learned counsel for the parties would submit that the controversy involved in these bunch of petitions has already been decided by this Court in

WPSS No. 2601 of 2019 “Rajendra Prasad Badoni Vs. State of Uttarakhand and others†and analogues matters decided on 19.11.2020,

therefore, learned counsel for the petitioner does not wish to argue the case on merit.

4.

Accordingly, the writ petitions stand dismissed in term of judgment and order dated 19.11.2020 passed in WPSS No. 2601 of 2019 “Rajendra

Prasad Badoni Vs. State of Uttarakhand and othersâ€​ and analogues matters.

5.

No order as to costs.