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2025 DAILYLAW 15279 (UTT)

SUSHMA CHAUHAN v. STATE OF UTTARAKHAND

WPSS/822/2022 · 2025-11-20

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10370 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 822/2022 Hon’ble Manoj Kumar Tiwari, J. Mr. Davesh Bishnoi, Advocate, for the petitioner. Mr. Ganesh Datt Kandpal, Deputy AG, for the State. Mr. T.A. Khan, Senior Advocate, assisted by Mr. Vinay Bhatt, Advocate for the respondent no. 5. (2) According to petitioner, she was engaged as PTA Teacher against a sanctioned vacant post of Assistant Teacher, LT Grade in a government aided institution in District Udham Singh Nagar in 2001; she thereafter was given ad hoc status in 2012, however benefit of regularisation, in terms of provisions of Uttarakhand School Education Act, is not being given to her, while all other similarly situate persons have been given that benefit. By means of this writ petition, petitioner has sought the following reliefs: “A. Issue a writ of Mandamus directing the Respondents to grant the effect of ad-hoc appointment and seniority along with all consequential benefits from the date, i.e. 01.07.2009 (as per the mandate of the G.O. dated 03.02.2009 and circular dated 10.02.2009 of the respondent no. 2) to the petitioner. B. Issue a writ of Mandamus directing the Respondents to regularize the services of the petitioner w.e.f. 17.12.2015 when all other similarly situated P.T.A. Teachers have been regularized. C. Issue a writ of Mandamus directing the Respondents to grant A.C.P. to 2025:UHC:10370 the petitioner.” (3) Learned Counsel for the petitioner submits that petitioner is due to retire in March, 2026. (4) Having regard to the relief claimed, this Court thinks that ends of justice would be met if petitioner is directed to approach the competent authority by making a representation. Writ petition is, accordingly, disposed of with liberty to the petitioner to make representation to Chief Education Officer, Udham Singh Nagar. If she makes such representation within one week from today, Chief Education Officer concerned shall examine the matter and take decision, as per law, within three weeks thereafter. If petitioner is found eligible for regularisation, then necessary order for grant of regular status shall be passed within one week from the date of taking decision. (Manoj Kumar Tiwari, J.) 20.11.2025 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=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.11.21 10:10:35 +05'30' 2025:UHC:10370