Decided on June 18,2013



- (1.) THE petitioner is an L.T. Grade teacher, who was working in the year 2010 at Government High School Kuniparth, Block Tharali, District Chamoli. Vide order dated 18.11.2010, he was relieved from Tharali to join a Government High School Bhanga, Block Kichha, district Udham Singh Nagar. However, the petitioner was not given the joining at Udham Singh Nagar and therefore he was constrained to file a Writ Petition being Writ Petition No. 1030 of 2011 (SS), which was disposed of on 14.9.2011 with a direction to the Secretary, School Education, State of Uttarakhand, Dehradun to decide the representation of the petitioner and in case he cannot be adjusted to new place of posting at Udham Singh Nagar then "the Secretary shall consider transferring the petitioner at any suitable place as an Assistant Teacher and needful will be done within a period of six weeks from the date a certified copy of the order is produced before him".
(2.) THE order dated 14.9.2011, according to the petitioner, was only complied with by the Secretary on 19.7.2012 by which it was said that the order by which the petitioner was transferred from Tharali, Chamoli to Udham Singh Nagar has been stayed by the Government of Uttarakhand and the petitioner is now liable to stay at his original place i.e. Tharali and in case he is aggrieved, as per the transfer policy he should apply for transfer at any other place. This order of the Secretary, School Education is clearly in violation of the order of this Court dated 14.9.2011, as by the said order a clear direction was given to the Secretary to consider transferring the petitioner at any other suitable place. It appears therefore that the concerned Secretary has not only passed the order belatedly but also did not care to look into the contents of the order of this Court, or otherwise the Secretary ought to have considered transferring the petitioner to any other suitable place, as such directions were contained in the order dated 14.9.2011.
(3.) THIS Court after contemplating some action against the concerned officer deems it fit and proper that atleast an explanation of the said officer must be on record. Ms. Manisha Pawar, the Secretary, School Education, State of Uttarakhand, Dehradun shall explain to this Court as to why ­ (a) the order dated 14.9.2011 passed by this Court was not complied within six weeks and (b) as to why the compliance of the order is not complete inasmuch as the petitioner has not been transferred to any other suitable place as directed by this Court.;

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