Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2021-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPSB No. 100 of 2017
Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J.
There is no representation for the petitioner.
2. Mr. D.S. Bora, Standing Counsel for the State of Uttarakhand.
3. According to the petitioner, he served as Assistant Professor (History) in an unaided Degree College, namely Lal Bahadur Shastri Degree College, Halduchaur, Haldwani, between 2007 to 2013; the said college was provincialised w.e.f.
06.11.2015. Petitioner has staked claim for his absorption as Assistant Professor in the said college, which stands provincialised.
4. The stand taken by the State Government in the counter affidavit is that since petitioner was not in service on the date of provincialisation of the college and he had resigned from the concerned college on 07.10.2023 for joining duties as a Cane Supervisor in
2025:UHC:2021-DB Cane Department, therefore, petitioner is not eligible for absorption in terms of Government Order dated 20.06.2016 (Annexure-3 to the counter affidavit) filed by Director, Higher Education.
5. This Court finds substance in the contention raised by learned State Counsel. One of the conditions for absorption of a teacher in the concerned college, after its provincialisation, was that the teacher concerned should be serving in the college on the date of provincilisation. Since, petitioner has quit the college and joined elsewhere in 2013, therefore, he has no claim for absorption.
6. Thus, there is no scope for interference. The writ petition fails and is dismissed.
(Ashish Naithani, .J.) (Manoj Kumar Tiwari, .J.)
21.03.2025 Navin