Rakesh Kumar Dev vs State of Uttarakhand and Others

Sudhanshu Dhulia, J.—Heard Sri S. S. Yadav, Advocate for the Petitioner, Mr. N. P. Sah, Standing Counsel for the State of Uttarakhand as well as Mr. Rajiv Sharma, Advocate for Respondent No. 4.

The Petitioner was earlier promoted albeit on ad hoc basis from assistant teacher to lecturer. One Sri Ram Awtar Singh had filed a writ petition being Writ Petition No. 414 (SS) of 2007 praying that he should be promoted to the post of lecturer. The said writ petition was disposed of by a learned Single Judge of this Court directing the Respondents to decide the representation of the Petitioner. Consequent to this an order was passed by the Director of Education on 14.7.2008 holding that Sri Ram Awtar Singh is senior to the Petitioner and the Petitioner was reverted from the post of lecturer to post of assistant teacher and Sri Ram Awtar Singh (Respondent No. 4) be promoted as lecturer.

Without going into the merits of the matter since there is a clear violation of Article 311 of the Constitution of India inasmuch as the Petitioner has been reduced in rank without affording and opportunity of hearing to him, the order dated 14.7.2008 is liable to be set aside and is hereby set aside. However, liberty is granted to the Director of Education, Garhwal Mandal, Pauri to hear the Petitioner as well as Respondent No. 4 and to pass appropriate order therein.

With these observations, writ petition is disposed of.

No order as to costs.