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2025 DAILYLAW 8694 (UTT)

URMILA KANDPAL v. STATE OF UTTARAKHAND

WPSS/1142/2025 · 2025-08-26

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:7567 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1142/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Vinod Tiwari, learned counsel for the petitioner. 2. Mr. Ganesh Kandpal, learned Deputy Advocate General for the State of Uttarakhand. 3. Petitioner is serving as Assistant Teacher in a Government Primary School, Udailalpur, Block Haldwani, District Nainital. She was promoted to the post of Assistant Teacher, Government Junior High School, Harinagar, Okhalkanda, District Nainital. 4. According to petitioner, she went to join duties on the promoted post at Government Junior High School, Harinagar, Okhalkanda, however, she was informed that there is no vacancy available on the post of Assistant Teacher, Government Junior High School there. 5. Learned counsel for the petitioner submits that place of posting of the petitioner was subsequently amended and she was asked to join at Government Junior High School, Govindgram, Block Haldwani, however, the post of Assistant Teacher, Government Junior High School is not vacant there also. 6. By means of this writ petition, petitioner has sought the following relief:- 2025:UHC:7567 (i) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to forthwith give the joining to the petitioner at her promotional place in pursuance of amended promotional order dated 09.06.2025. 7. Learned State Counsel submits that if vacancy is not available at Government Junior High School, Govindgram, Block Handwani, then petitioner should have made a representation to the Competent Authority before rushing to this Court. 8. The writ petition is, accordingly, disposed of by permitting the petitioner to make representation to District Education Officer (Elementary), Naintial for change of place of her posting. If she makes representation within one week from today, District Education Officer shall look into the matter and pass appropriate order, as per law, within three weeks thereafter. (Manoj Kumar Tiwari, J) 26.08.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d13695 12ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1F E58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.08.26 05:21:05 -07'00' 2025:UHC:7567