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2025 DAILYLAW 10674 (UTT)

KAMLA SHARMA v. STATE OF UTTARAKHAND

WPSS/1430/2025 · 2025-08-29

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:7682 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 1430/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Vinod Tiwari, Advocate, for the petitioner. Mr. Dinesh Bankoti, Brief Holder, for the State. (2) Petitioner has been promoted as Assistant Teacher in Govt. Junior High School and transferred from Govt. Primary School, Jaspur to Govt. Junior High School, Balramnagar in Block Gadarpur. Learned Counsel for the petitioner submits that there is a vacancy of Assistant Teacher in Govt. Junior High School, Mahua Dabra and Govt. Junior High School, Babarkhera in Block Jaspur. He submits that vacancy in aforesaid two schools was not disclosed by the District Education Officer while inviting options for promotion and if those institutions were also indicated in the letter whereby options were invited, petitioner could have opted for those schools. (3) Learned State Counsel, per contra, submits that petitioner has been offered promotion in Govt. Junior High School, Balramnagar in Block Gadarpur and she wants promotion in the same block, close to her residence. He submits that since petitioner has served in Block Jaspur eversince she was appointed, therefore, she does not have any vested right to claim promotion in the same block. (4) I find substance in the submission of learned State Counsel. Even if there is a vacancy available in the 2025:UHC:7682 two schools, named by the petitioner, she cannot claim any vested right for her posting in the same block. However, having regard to the facts and circumstances of the case, writ petition is disposed of granting liberty to petitioner to make representation. If she makes representation, District Education Officer concerned shall look into the matter and take decision, as per law, within six weeks from the date of its presentation. (Manoj Kumar Tiwari, J.) 29.8.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.08.29 17:53:49 +05'30' 2025:UHC:7682