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2025 DAILYLAW 2721 (UTT)

REETU v. STATE OF UTTARAKHAND

WPSB/77/2021 · 2025-03-18

Ashish Naithani, Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 2025:UHC:1849-DB WPSB No.77 of 2021 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. 1. Mr. Ajay Veer Pundir, learned counsel for the petitioner appearing through V.C. 2. Mr. Sudhir Kumar Nainwal, learned Standing Counsel for the State of Uttarakhand. 3. According to the petitioner, on 03.12.2013 she was appointed as Principal of an unaided Intermediate College, which was subsequently included in the grant-in-aid list of the State Government in the year 2015. According to her, her claim for absorption of services was recommended by the Committee of Management, however the competent authority i.e Chief Education Officer, Haridwar has not taken decision in the matter, so far. 4. By means of this writ petition, petitioner has sought the following reliefs:- “(i) Issue a writ, order or direction in the nature of mandamus, commanding/directing the respondent no.4 to give approval for absorption of petitioner on the post of “Principal, Dr. B.R. Amberkar Inter College, Garhmeerpur, District Haridwar”, in view of Uttarakhand School Education Act, 2006 and Regulation, 2009 (As amended time to time) framed thereunder, as well as letter dated 15.03.2016 issued by the respondent no.2 [Annexure No.5 to this writ petition]. ii. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to pay the salary to the petitioner on the post of “Principal, Dr. B.R. Amberkar Inter College, Garhmeerpur, District Haridwar”, from the day when other similarly situated absorbed teachers of Dr. B.R. Amberkar Inter College, Garhmeerpur, District Haridwar are being paid.” 5. Learned counsel for the petitioner submits that petitioner has submitted representations from time to time however the competent authority has not taken any decision in the matter, consequently petitioner is deprived of her rightful benefits. 6. Without going into merits of the claim for absorption, raised by petitioner, this Court thinks that ends of justice would be met if petitioner is permitted to make a fresh representation to the competent authority. 7. The writ petition is accordingly, disposed of with liberty to the petitioner to make fresh representation regarding her absorption. If petitioner makes such representation within three weeks from today, the competent authority shall examine petitioner’s claim, as per applicable law, and pass appropriate order within four months’ from the date of receipt of certified copy of this order. 8. It goes without saying that Committee of Management shall also be given an opportunity to submit comments before taking decision on the representation of the petitioner. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 18.03.2025 Arti 2025:UHC:1849-DB