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Judgment
Sudhanshu Dhulia, J.—Heard Mr. Niranjan Bhatt, Advocate for the Petitioner and Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand.
The Petitioner was appointed as an "Assistant Master" in a Primary School in the year 1987. Subsequently, the Petitioner was promoted as a Headmaster in the Primary School in the year 1999. The Petitioner contends that the pay-scale of a Headmaster of a Primary School and that of an Assistant Teacher of a Junior High School is the same. Moreover, he is relying upon a Government Order dated 9.2.1996 which was passed earlier by the then "Secretary, Basic Shiksha Parishad U.P." to the District Education Officer which states that the post of Assistant Teacher in a Junior High School should first be filled by way of absorption of Headmaster of Primary Schools and regarding this the information should be sent to them so that they may apply for their absorption.
In view of the U.P. Reorganization Act, 2000 and the definition of "law" contained in the said Act the Government dated 9.2.1996 being relied upon by the Petitioner will have the force of law in the State of Uttarakhand unless there is something to it passed by the State of Uttarakhand. The definition of "Law" is given in Section 2(f) of the U.P. Reorganization Act, 2000 which reads as under:
Definitions.- In this Act, unless the context otherwise requires,-
(a) ....
(b) ....
(c) ....
(d) ....
(e) ....
(f) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the existing State of Uttar Pradesh.
The Petitioner now contends that in view of the said Government Order the Petitioner is willing to be absorbed any where in District Uttarkahsi as Assistant Teacher in Junior High School. As such, District Education Officer, Uttarkashi (Respondent No. 2) is hereby directed to consider the claim of the Petitioner for being absorbed as an Assistant Teacher in a Junior High School in District Uttarkashi. The District Education Officer, Uttarkashi (Respondent No. 2) shall take a decision on the representation of the Petitioner as expeditiously as possible but in no case beyond a period of six weeks from the date a certified copy of this order is produced before him.
The writ petition is disposed of.
No order as to costs.