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2025 DAILYLAW 2823 (UTT)

KRISHAN CHANDRA v. DIRECTOR PRIMARY EDUCATION UTTARAKHAND

WPSS/206/2025 · 2025-03-04

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 206 of 2025 Krishan Chandra .....Petitioner Versus Director, Primary Education, Uttarakhand and others ….Respondents Present: Mr. Vikas Kumar Guglani, Advocate for the petitioner. Mr. Narain Dutt, Brief Holder for the State/respondents. Hon’ble Ravindra Maithani, J.(Oral) By means of instant petition, the petitioner has sought the following reliefs:- “(i) Issue a writ, order or direction in the nature of certiorari quashing impugned suspension order and charge sheet dated 10.02.2025 (Annexure No.1 to this petition). (ii) Issue a writ, order or direction in the nature of mandamus to direct the respondents to permit the petitioner to continue discharging his services as an Assistant Teacher at Junior High School, Rikhakot, Block Okhalkanda, District Nainital and pay up-to-date and full back wages with continuity in service. 2 (iii) Issue a writ, order or direction in the nature of mandamus to direct the respondents to immediately release the salary of the petitioner which has illegally been withheld by the respondents till date. (iv) Issue any other writ, order or direction which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case. (v) Award the cost of the petition to the petitioner.” 2. Learned counsel for the petitioner would submit that the matter is squarely covered by the judgment of this Court dated 10.11.2022, passed in WPSS No. 2056 of 2022. He would submit that, in fact, in the year 2024, the Department has decided not to proceed against the petitioner, but subsequently, by the impugned order, he has been suspended on the ground that he is not eligible to hold the post of Assistant Teacher. 3. Learned State counsel would submit that the matter may be decided in terms of judgment dated 10.11.2022, passed in WPSS No. 2056 of 2022, but he 3 would submit that the Department may be directed to conduct the departmental inquiry within a time frame. 4. It is a case of the petitioner that he was appointed in the year 2009 as an Assistant Teacher. His educational qualification is valid. Earlier, after inquiry, on 17.12.2024, the matter was closed (Annexure 7), but now again he has been suspended and charge sheet has been handed over to him. 5. In fact, the similar issue was raised in WPSS No. 2056 of 2022. In that matter also, delay in challenge of appointment was nine years. In the instant case, it not more than that case. 6. Since the matter is covered, instant petition is decided in terms of the judgment dated 10.11.2022, passed in WPSS No. 2056 of 2022. (Ravindra Maithani, J.) 04.03.2025 Jitendra