SUDHIR SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner, who is scheduled to retire on 29/2/2024, has filed the present writ petition with a prayer to treat the period of his absence from duty with effect from 22/3/2006 to 26/2/2008 as 'compelled waiting leave' and with a further prayer to grant him all consequential benefits including promotion, arrears of salary, from the date when his juniors were given promotion on the post of Lecturer.

(2.) Facts necessary for proper adjudication of the case are that petitioner was appointed as Assistant Teacher, L.T. Grade (Agriculture) in Govt. Intermediate College, Bilkhet, Pauri Garhwal vide order dtd. 18/2/1994. Pursuant to the said appointment letter, petitioner joined his duties on 18/3/1994. Petitioner made an application for deputation to U.P. Land Reforms Corporation which was allowed by the respondents and he was sent on deputation to the said Corporation on 10/1/1995. Since the State of Uttarakhand was created on 9/11/2000, after being carved out from the State of Uttar Pradesh, petitioner was repatriated to his parent Department without his request for the same vide order dtd. 1/4/2002. Petitioner challenged the said order of unilateral repatriation passed by Corporation by filing WPSS No.2661 of 2002 before the High Court of Judicature at Allahabad (Lucknow Bench). The Allahabad High Court vide order dtd. 14/5/2002, stayed the order of petitioner's repatriation. Consequently, the petitioner remained on deputation with the respondent-Corporation.

(3.) On 2/2/2006, the stay order granted by the Allahabad High Court, on dtd. 14/5/2002, was vacated for the reason that no rejoinder affidavit was filed by the petitioner, and accordingly, the petitioner was relieved by the Corporation vide order dtd. 21/3/2006. Petitioner, after being relieved from Corporation, straightway went to the Govt. Inter College, Bilkhet, Pauri Garhwal on 24/3/2006 for giving joining in his parent Department but the Principal of the said College refused to give him joining on the ground of non-availability of vacancy in the said subject. The petitioner on the very next day i.e. 25/3/2006, and subsequently on 6/4/2006 and 10/4/2006, wrote applications to the District Education Officer, Pauri Garhwal requesting him to give joining on the post of Assistant Teacher, L.T. Grade (Agriculture) as he returned after repatriation from the Corporation where he had earlier joined on deputation. The respondent-District Education Officer did not pass any order on the same and accordingly the representations moved by the petitioner remained undecided.