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2025 DAILYLAW 16228 (UTT)

CHANDRA MOHAN v. STATE OF UTTARAKHAND

WPSS/2157/2023 · 2025-11-17

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10180 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 1 8 0 2 / 2 0 2 3 W it h W PSS/ 2 1 5 7 / 2 0 2 3 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Sandeep Tiwari, Advocate appears for the petitioner in WPSS No. 1802 of 2023 and for respondent no. 6 in WPSS No. 2157 of 2023. 2. Mr. S.S. Yadav, Advocate appears for the petitioner in WPSS No. 2157 of 2023 and for respondent no. 7 in WPSS No. 1802 of 2023 3. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand. 4. Petitioners are serving as Assistant Teacher, L.T. Grade (English). Mr. Om Prakash Ranakoti (Petitioner in WPSS No. 1802 of 2023) was transferred from Government Inter College, Gandkhal, Yamkeshwar, District Pauri Garhwal to Government Higher Secondary School, Rajivgram, Narendranagar, District Tehri Garhwal, vide order dated 26.06.2023 and he allegedly joined duties at the transferred place on 30.06.2023. 5. Mr. Chandra Mohan (petitioner in WPSS No. 2157 of 2023) was transferred from Government Higher Secondary School Rajivgram, Narendranagar, Tehri Garhwal to Government Higher Secondary School, Kaushal, Thauldhar, Tehri Garhwal by the same order dated 26.06.2023. Mr. Chandra Mohan joined duties at the transferred place. i.e. Government Higher Secondary School, 2025:UHC:10180 Kaushal, Thauldhar, Tehri Garhwal and thereafter, he filed a writ petition, which was disposed of with liberty to him to file representation. He filed representation and the competent authority cancelled the transfer order passed in respect of Mr. Chandra Mohan, as such he re-joined duties at Government Higher Secondary School Rajivgram, Narendranagar. 6. Thus two teachers were posted against the same post, although Mr. Chandra Mohan reportedly has been attached in some other school. Public interest demands that both teachers should be given regular posting. 7. Having regard to the facts and circumstances of the case, the writ petitions are disposed of with liberty to both the petitioners to make representation(s) regarding their transfer before the competent authority. If they make representation(s) within ten days from today, competent authority shall take decision thereupon, as per law, within six weeks thereafter. For a period of eight weeks or till decision is taken on the representation(s) submitted by petitioners, whichever is earlier, the status quo as regards posting of the petitioners shall be maintained. ( Man oj Ku m ar Tiw ar i, J.) 17.11.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df0 06da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875 643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.17 18:58:17 +05'30'