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2025 DAILYLAW 9264 (UTT)

DHEERAJ KUMAR CHANDOLA v. STATE OF UTTARAKHAND

WPMS/2191/2025 · 2025-07-22

Ravindra Maithani

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 D1- 25 WPMS No.2191 of 2025 Hon’ble Ravindra Maithani, J. Mr. Shailendra Nauriyal, Advocate for the petitioners. Mr. Suyash Pant, Standing Counsel for the State. Mr. Sanjay Bhatt, Advocate for the respondent nos.2 and 3. By means of the instant petition, the petitioners seek the following reliefs:- i. Issue a writ, order or direction, in the nature of Mandamus directing the respondents No. 2 and 3 to strictly comply with the circular dated 13.08.2023 (Annexure no.2) by which the Principal Secretary wrote a letter to the Chief Electoral Officer stating therein that the Lecturers of Government Degree colleges are ‘A’ Category officers thus the duty of the said Lectures in the General Election of Legislature/Parliament may be deployed in accordance to the services of ‘A’ category officers as such appropriate direction maybe issued to the respective District Election Officer. ii. Issue a writ, order or direction, in the nature of Mandamus directing the respondents No.2 and 3 to comply the circular dated 21.11.2006 (Annexure no.8) passed by the Principal Secretary/ and followed by Chief Electoral Officer by which teachers/Assistant Professor of the degree college were directed to be deployed in the election duty in accordance with the officers of Category ‘A’ and they may not be deployed below the officers of their rank. iii. Issue a writ, order or direction, in the nature of Mandamus directing the District Electoral Officer, Almora, to assign duties to the petitioners treating their Services as of ‘A’ category and they may be put on duty above the officials who are Junior to them. iv. Issue a 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. Heard. At the very outset, learned counsel for the petitioners submits that the petitioners are Senior Assistant Professors in Government Degree Colleges, but they are being deployed in the election duty is in defiance to the Circular dated 21.11.2006 of the Chief Election Commissioner, Uttarakhand. He further submits that the controversy is squarely covered by the order dated 06.06.2014, passed by this Court in WPMS No.1337 of 2014, Lavkush Vs. Chief Election Officer, Uttarakhand and Others. Learned counsel for the respondent nos.2 and 3 admits that the controversy is covered by the order dated 06.06.2014, passed by this Court in WPMS No.1337 of 2014, Lavkush Vs. Chief Election Officer, Uttarakhand and Others. Since the matter is covered, instant petition is decided in terms of the order dated 06.06.2014, passed by this Court in WPMS No.1337 of 2014, Lavkush Vs. Chief Election Officer, Uttarakhand and Others. Accordingly, the Court directs the respondents to comply with the Circular dated 21.11.2006, which is Annexure No.8 to the writ petition. (Ravindra Maithani J.) 22.07.2025 RV