SHAILENDRI UNIYAL Vs. STATE OF UTTARAKHAND AND OTHERS
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and others
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Alok Singh, J. -
(1.) For the reasons stated, delay in filing the counter affidavit is condoned. Counter affidavit filed on behalf of respondents no. 3, 4 and 5 is taken on record.
(2.) Petitioner was working as Assistant Teacher (Junior) in Primary School, Jogath, Vichla, Uttarkashi. Vide order dated 11.07.2011 some Assistant Teachers, junior to the petitioner, were granted promotion on the post of Assistant Teacher (Senior), however, petitioner was not promoted for the reasons best known to the Department. In the order dated 11.07.2011 (Annexure No. 1 to the petition), it is clearly mentioned that if any Assistant Teacher, who is eligible, is not promoted, such teacher may make representation within 7 days. Feeling aggrieved, petitioner made representation on 14.07.2011 i.e. within 7 days of order dated 11.07.2011.
(3.) In the representation, petitioner has specifically stated that Assistant Teachers, junior to the petitioner, have already been granted promotion vide order dated 11.07.2011, however, she was left without any valid reason. Representation of the petitioner was rejected vide order dated 24.05.2013 specifically stating therein that as per Notification dated 28.08.2012 promotion can only be granted to those Assistant Teachers, who are Graduate in the subject concerned.;
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