MAHIPAL SINGH Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) In all these above titled petitions, identical controversy is involved, hence are being adjudicated together by this single judgment. All the petitioners were initially appointed as Assistant Teachers in the Junior Basic Schools in District Bageshwar. Most of them were posted in Block Garur or Kapkot of such district. Needless to add that the post of Assistant Teacher (Basic) is a block level cadre post. At some point of time, it was realised by the District Education Officer (Basic) that none of the teachers is inclined to perform the services in the remote areas of such blocks. So, an advertisement was published on 13.8.2011 at his initiation alluring those teachers for early/out of turn promotion who accept to render their services in remotest places. All these petitioners responded and they were given out of turn promotion and were sent to the schools in the remote places. Thus, they have become either the Headmaster of the Junior Basic Schools or the Assistant Teacher in the Senior Basic Schools, the names whereof were divulged in the advertisement itself. The benefit of the offer was conferred only seniority -wise to the teachers, who offered their services in consonance of the advertisement.

(2.) The above step of the District Education Officer (Basic) annoyed a number of teachers, who though seniors in the list but then had been at quite a junior position as against the petitioners and their resentment was led by one Mr. Sushil Joshi by way of filing the writ petition in the Court. The coordinate Bench of this Court disposed of the petition, inter alia, on 15.12.2014 asking the writ petitioners to present themselves before the District Education Officer (Basic), Bageshwar on 22.12.2014 and such officer was also directed to remain present in his office to hear the grievances.

(3.) The officer heard the grievances of those petitioners and cancelled the promotion order of all these petitioners and ordered recovery of the pay and other allowances which they received as against the promotional post. Feeling aggrieved with the orders of the officer concerned, they all have approached this Court.