SURESH CHANDRA Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Having heard learned counsel of all concerns, we would like to reproduce the history of this long lingering litigation as has been enumerated by us in order dated 14.09.2017:-

(2.) In addition to the above particulars, it has been brought to the notice of this Court that history of this litigation commenced even before way back from 2006, when appellant-Suresh Chandra had filed Writ Petition No. 346 (S/S) of 2006 raising identical controversy regarding his seniority viz-a-viz to the officiating Principals, who were Mr. Vijay Pal Singh and Mr. Sher Singh Yadav and thereafter, Smt. Pushpa Budhani, who is currently working on the post which is being claimed by the petitioner/appellant. Such writ petition of 2006 was dismissed on 06.08.2010 on the ground of availability of alternate remedy. Mr. Suresh Chandra (appellant) was asked to move a representation before the District Education Officer. He pursued such liberty granted by the Court. He moved representation which was rejected by the concerned authority on 28.02.2011. Then he filed Writ Petition No.984 (S/S) of 2012 and, thereafter, a number of Writ Petitions, Special Appeals, Review Petitions, etc. have been filed, which we have already reproduced in the judgment.

(3.) The learned counsel of the respondents has drawn our attention to the views/observations as held out by the Division Bench of this Court on 16.03.2016 while adjudicating Special Appeal Nos. 237 of 2015 and 408 of 2015 and in the fitness of things, the same is reproduced as under:-