High CourtsSingle Bench(2024) 06 UK CK 0002

Sarita Parihar vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 3 June 2024

HON’BLE JUDGES
Pankaj Purohit, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S/S) No. 2352 Of 2023

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Judgment

11 paragraphs · 348 words

Pankaj Purohit, J

1.

Heard learned counsel for the parties.

2.

The writ petition has been filed by the petitioner for revising her seniority in the seniority list of Lecturer issued in the year 2006-07.

3.

It is the contention of the petitioner that she was promoted to the post of Lecturer on 19.09.2007 while the respondent no.7 was promoted on the post of Lecturer on 06.01.2005. He further contends that in the feeding cadre, petitioner is senior to the respondent no.7, therefore, she will regain the seniority after promotion which has been denied to her on revision of the seniority list. It is further submitted that the Chapter II 3(2) of the Uttarakhand School Education Regulations, 2009 provides for regaining of the seniority of the feeding cadre on promotion.

4.

Regulation 3(2) of the said Regulations, 2009 is quoted hereinbelow:-

“3(2) The seniority list shall be revised every year and the provisions of Clause (1) shall apply mutatis mutandis to such revision subject to necessary modifications.”

5.

It is further submitted by learned counsel for the petitioner that representations submitted by the petitioner are pending consideration at a different level of the authorities and if a direction is issued to the Secretary (respondent no.1) to decide the representations of the petitioner with reasoned and speaking order, the end of justice would be met

6.

To this proposition, there is no opposition from the side of the respondents.

7.

Having considered the submission made by learned counsel for the parties and from perusal of the record, instead of directing the respondent to decide the pending representation, the writ petition is disposed-off providing that the petitioner shall move a fresh representation to the competent authority within a period of ten days from the date of passing of the order ventilating her grievances and the competent authority shall decide the said representation of the petitioner by a reasoned and speaking order within a period of six weeks’ from the date of receipt of the representation.

8.

All pending applications, if any, stand disposed of.

9.

No order as to costs.