Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No.657 of 2025
Vijay Singh
...Petitioner
Versus
State of Uttarakhand and others
….Respondents
Present: Mr. Shailabh Pandey, Advocate for the petitioner. Mr. Ganesh Kandpal, D.A.G. for the State/respondent nos. 1 to 4. Mr. V.S. Rawat, Advocate for the respondent no.5.
Hon’ble Ravindra Maithani, J.(Oral)
The respondent no.1 had issued an office order giving details with regard to the educational qualification, mode of recruitment, selection process, process of appointment, salary etc. on 25.03.2023 for Special Teachers. It is challenged in this petition
2.
Heard learned counsel for the parties and perused the record.
3.
It is the grievance of the petitioner that the office order is not in accordance with the decision of the Hon’ble Supreme Court passed in the cases of Rajneesh Kumar Pandey and others Vs. Union of India and others, (2021) 17 SCC 1 and and Devesh Sharma Vs. Union of India and others, 2023 SCC OnLine SC 985
4.
It is the claim of the petitioner that the petitioner had already given a representation dated 13.11.2024, therefore, the respondents may be directed to take a decision on the representation given by the petitioner (Annexure 7 to the petition).
2
5.
Learned counsel for the petitioner would submit that the impugned officer order is not in accordance with the judgment passed by the Hon’ble Supreme Court in the case of Rajneesh Kumar Pandey (supra) and Devesh Sharma (supra), therefore, the petitioner has given representation. He would submit that the respondents may be
directed to take a decision on it.
6.
Learned State counsel would submit that the office order is proposed to be changed pursuant to the directions given by Hon’ble High Court and the matter has already been referred to the respondnet no.1. He would submit that in case, a fresh representation is given by the petitioner on the subject, it may also be considered by the respondent no.1, the Secretary within a period of eight weeks.
7.
The Court takes on record the statement given by learned State counsel.
8.
The writ petition is disposed with the liberty to the petitioner to make a representation to the respondent no.1 within a week from today with a further direction to the respondent no.1 to take a decision on it within next eight weeks.
(Ravindra Maithani, J.)
02.05.2025 Jitendra