Decided on September 03,2012

Sahadev Kalauni Appellant
State of Uttarakhand and others Respondents


- (1.) Petitioner was posted as Lecturer in a school situate in the district of Pithoragarh. In 2010, he was promoted to the post of Head Teacher. In 2010, he was also posted as Head Teacher of a school situate in the district of Pithoragarh. Petitioner, having lived in the district of Pithoragarh for roughly 12 years, has been posted as Head Teacher in a school situate in the district of Almora by an order dated 31st July, 2012. Assailing that order, the present writ petition has been filed. It has been contended in the writ petition that the petitioner, having crossed 57 years six months, ought to have had been given an option in terms of the 2008 Policy, for being posted in one of the three places, to be chosen by him. It has been contended that such option has not been given to the petitioner. The fact remains that the 2008 Policy applies to only those people, who have reached 58 years and not 57 and a half years. In the circumstances, question of giving the petitioner an opportunity did not arise. However, having regard to the fact that the normal tenure is three years and, accordingly, he ought to have had been permitted to complete his tenure as Head Teacher of the school in question at Pithoragarh for three years and, if he had been permitted to do so, he would come within two years of his retirement entailing a right to give options, we dispose of this writ petition by directing that in the event, petitioner joins his transferred post at Almora, no sooner he would cross 58 years of age, he will be entitled to give three options of being transferred and the petitioner be transferred to one of the places of his options within a period of six months from the date of giving such options.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.