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2025 DAILYLAW 14341 (UTT)

GULFAM ALI RAZI v. STATE OF UTTARAKHAND

WPSS/1388/2023 · 2025-11-28

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:10638 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 1388/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. R.P. Singh, Advocate, for the petitioner. Mr. Narayan Datt, Standing Counsel, for the State. Mr. Ashish Joshi, Advocate, for the respondent no. 5. (2) Petitioner was serving as Assistant Teacher, Govt. Primary School in District Udham Singh Nagar, while he was selected and appointed for the post of Review Officer in Uttarakhand Secretariat. Pursuant to offer of appointment made by the State Government, petitioner joined duties as Review Officer in Uttarakhand Secretariat, however after serving for about a week, he submitted an application stating that in view of family circumstances, it is not possible for him to serve as Review Officer in Uttarakhand Secretariat and he may be permitted to go back and join as Assistant Teacher, Govt. Primary School in District Udham Singh Nagar. On the application submitted by the petitioner, the competent authority in Uttarakhand Secretariat called a report from the Director, Elementary Education and the Director, in his reply, stated that as per the information received, petitioner is still holding lien on the post of Assistant Teacher. Thus petitioner was relieved from Uttarakhand Secretariat for District Udham Singh Nagar and petitioner is presently serving as Assistant Teacher in District Udham Singh Nagar. (3) It appears that petitioner made a representation to the Secretariat Administration Department seeking permission to rejoin duties on the post of Review Officer. His request was turned down by the competent authority, vide order dated 1.6.2020, by 2025:UHC:10638 holding that he did not have lien on the post of Review Officer in Uttarakhand Secretariat, while he had lien on the post of Assistant Teacher, Govt. Primary School. (4) By means of this writ petition, petitioner has sought the following reliefs: “(i) Issue a writ order or directions to the respondents in the nature of the mandamus for directing and commanding to the respondent to permit the petitioner for rejoin on the post of Review Officer in the Uttarakhand secretariat, Dehradun. (i-A) Issue A writ order or direction in the Nature of the Certiorari for the quashing the rejection order dated 01.06.2020 (Annexure No. 17 to this Writ Petition).” (5) Since petitioner served as Review Officer in Uttarakhand Secretariat for only about a week and thereafter he was relieved for serving in a Govt. Primary School in District Udham Singh Nagar on his own request and status of the petitioner as Review Officer remained temporary as he was appointed on probation, therefore, this Court do not find any reason to interfere in the matter. Petitioner does not have any vested right to claim rejoining on the post of Review Officer, as whatever right was available to him on account of his selection and appointment was lost when petitioner requested for relieving him from Uttarakhand Secretariat for District Udham Singh Nagar. (6) In such view of the matter, writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 28.11.2025 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=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE5 3, cn=PRABODH KUMAR Date: 2025.11.28 17:47:53 +05'30' 2025:UHC:10638