RAJENDRA PRASAD BADONI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since the controversy involved in these bunch of writ petitions is same and the question of law involved is also common, therefore, for sake of brevity and convenience, these writ petitions are being disposed of by a common judgment and order. WPSS No.2601 of 2019 shall be the leading case and the facts thereof are being taken into consideration for proper adjudication of the case:

(2.) Petitioner in WPSS No.2601 of 2019 has approached this Court seeking the following reliefs:-

(3.) Petitioner was appointed as Assistant Teacher, Primary in General/Social Studies and remained posted at Government Primary School, Devlaad, Nainidanda, Pauri from 12.01.1996 to 11.09.1998. Thereafter, from 13.09.1998 to 07.11.1998, he remained posted at Government Primary School, Kwali, Agastyamuni, Rudraprayag and from 07.11.1998 to 03.12.2001 at Government Primary School, Jaharikhal, Agastyamuni, Rudrapyrag. Petitioner was promoted as Assistant Teacher, Junior High School and from 04.12.2001 to 20.12.2001 he was posted at Government Upper Primary School, Pata Agastymuni, Rudraprayag; from 21.12.2001 to 01.08.2003 at Government Upper Primary School, Syuni; from 02.8.2003 to 26.08.2003 at Government Primary School Kuasi, Ekeshwar, Pauri; from 27.08.2003 to 22.12.2016 at Government Upper Primary School, Kundoli, Ekeshwar, Pauri Garhwal and from 21.12.2016 to 02.01.2017 at Government Upper Primary School, Jaigaun, Dugadda, Pauri. The State Government issued a government order dated 21.11.2016 whereby a permission was granted for posting in another cadre for a period of three years with a rider that the person transfer under the said order would maintain his/her lien in original cadre and would have to go back to their original cadre and their seniority will be maintained in original cadre. Pursuant to said government order dated 21.11.2016, petitioner was posted at Government Upper Primary School, Khusalpur, Sahaspur, Dehradun. However, by another order dated 25.04.2018 issued by the State Government, order dated 21.11.2016 was cancelled, whereagainst petitioners and several others, approached this Court by filing WPSS No.1406 of 2018. A Coordinate Bench of this Court, vide judgment dated 26.10.2018, dismissed all the writ petitions. However, the competent authority was requested to take a decision on the representations sympathetically, if moved by the petitioners, for ventilation of their grievances. Pursuant to judgment dated 26.10.2018, some employees moved representations before the Director, which were rejected. It is alleged that on the one hand the department took steps for cancellation of the attachment orders, which were issued earlier, whereas on the other hand, on 12.02.2019, the Secretary passed an order of attachment of certain teachers for a period of six months. In the writ petition, the petitioner has annexed the copy of order dated 12.02.2019 as well as the list of employees and alleges that even after expiry of six months those teachers have not been relieved and as per the knowledge of the petitioner, they have been absorbed at the present place of posting.