High CourtsSingle Bench(2010) 12 UK CK 0123

Narendra Bahadur Singh vs State of Uttarakhand and Others

Uttarakhand High Court · Decided on 13 December 2010

HON’BLE JUDGES
Brahma Singh Verma, J
CASE NUMBER
Writ Petition No. 1146 of 2010 (S/S)

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Judgment

10 paragraphs · 457 words

B.S. Verma, J.—Heard Mr. Ajay Veer Pundir, Advocate for the Petitioner and Mr. Dinesh Gahatauri, Standing Counsel for the Respondent/State.

2.

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

1.

To issue a writ, in the nature of certiorari quashing the impugned orders dated 22-11-2010 and 30-11-2010, passed by Respondent Nos. 5 and 6 respectively, contained in annexure Nos. 7 and 8 to this writ petition.

2.

To Issue a writ in the nature of mandamus commanding/directing the Respondent Nos. 1 to 6 to grant selection grade and charge of the principal to the Petitioner.

3.

To issue a writ in the nature of mandamus commanding the Respondents 1 to 5 to release salary of the Petitioner as expeditiously as possible.

4.

To issue a writ in the nature of mandamus commanding the Respondents 1 to 4 to take action against the Respondent No. 5 u/s 46 of Uttarakhand School Education Act, 2006.

3.

The grievance of the Petitioner is that earlier the Petitioner has filed writ petition which was disposed of b this Court vide order dated 25-2-2010 directing the Respondent No. to decide the representation of the Petitioner with regard to grant of selection grade and charge of the principal in the institution. Thereafter Respondent No. 4 allowed the representation of the Petitioner and directed the authorised controller of the institute to grant selection grade and charge of principal being the senior most teacher in the institution. Thereafter the Respondent No. 4 has taken over the charge in pace of authorised controller in the institute and the Respondent No. 4 issued several directions to the Respondent No. 5 to hand over the charge of principal and grant the selection grade to the Petitioner but the order has not been complied with.

4.

Now the Petitioner is in apprehension that Committee of Management may misuse the testimonials of the Petitioner, therefore, it is directed that the Petitioner shall produce all his original testimonials before the District Education Officer, Puthoragarh within a period of one week. The same shall be examined by District Education Officer, Pithoragarh and thereafter he shall inform to the Committee of Management in writing within two weeks, whether the certificates of the Petitioner are genuine one or they are forged and shall also send the certified copies of those certificates of the Petitioner to the Committee of Management along with his report. It is made clear that after examining the original testimonials of the Petitioner are found genuine, the same shall be returned to the Petitioner.

5.

Till the decision is taken by the District Education Officer, Pithoragarh, the impugned orders shall be kept in abeyance.

6.

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