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Judgment
Vipin Sanghi, CJ
The present special appeal is directed against the order dated 11.05.2023, passed by the learned Single Judge in Writ Petition (S/S) No.1155 of 2023, whereby the stay application moved by the petitioner has been rejected.
The appellant- writ petitioner, who was appointed on compassionate basis, after the death of his father, as Junior Assistant with the Public Works Department on 28.01.2015, was promoted as a Senior Assistant on 22.02.2023. He was, accordingly, posted on promotion as Senior Assistant at District Pauri. He has preferred the writ petition to assail his posting at Pauri on the ground that there is no vacancy in the post of Senior Assistant at District Pauri, and therefore, he could not have been posted at Pauri, upon his promotion.
We do not find any merit in this submission. It is for the respondents to assign duties to the appellant upon his posting to a new place consequent upon his promotion.
It is evident that the appellant- writ petitioner is determined not to leave Dehradun, where he is serving for the last about eight years. With a view to ward off the said posting order, even after the issuance of the order of his posting, he has gone on medical leave. This conduct of the appellant is deprecated.
The appeal is, accordingly, dismissed with costs of Rs.10,000/- to be deposited by the appellant with the Uttarakhand State Legal Services Authority within two weeks.
Pending application, if any, also stands disposed of.