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2012 DIGILAW 188 (UTT)

Sandhya Rani v. State of Uttarakhand

2012-04-27

SERVESH KUMAR GUPTA

body2012
JUDGMENT : Having heard learned counsel for the petitioner as well as learned brief holder for the State, it transpires that on 17.10.2011 the petitioner was appointed as Assistant Teacher, L.T. Grade and was given posting in the Higher Secondary School, Bergaon, District Almora. Petitioner, instead of giving joining at her place of posting, sought extension for two times on account of her illness. However, on both the occasions, her request was given favourable consideration. Thereafter on 7.11.2011, for the third time, a representation was moved by petitioner’s father-in-law, namely, Shakti Ranjan Biswas, stating therein that he, as also his spouse, are the old persons whereas, their son Sameer Kumar has been employed in some private company at Delhi. It was thus, prayed that their daughter-in-law Sandha Rani (petitioner before the Court) may be posted in District U.S. Nagar and in that application/representation, names of four schools of choice were also mentioned. Perhaps, that representation was not paid any heed by the competent officer. It is pertinent to mention that petitioner has to join her duties by 27.4.2012 (today is the last date) but instead of doing so, she has filed this petition. Learned counsel for the petitioner contended that the G.O. No.846/xxiv-2/2011-07(03)/2011 dated 20.9.2011 envisages that the Female candidates as well as the handicapped one, as far as possible, may be given posting in the schools of their home district having high priority list. In the petition, petitioner has disclosed her place of residence in Gadarpur, Distt. U.S. Nagar whereas, she has been offered the posting in District Almora. Moreover, this government order nowhere makes it mandatory upon the government to post a candidate necessarily in his/her home district. It is a matter of general observation that nobody is willing to render his/her services in the hilly region, even on the contrary, everybody is desirous to be posted in the plane region. It is also necessary to mention here that an appointee in a government job earns a lucrative/handsome salary. Petitioner went on seeking extension of time of joining on one pretext or the other and this conduct of the petitioner is not proper rather deplorable in the eyes of the court. If she is so ill and find herself repeatedly unable to join the service, then she will be treated as disqualified on the medical grounds to join on the post. If she is so ill and find herself repeatedly unable to join the service, then she will be treated as disqualified on the medical grounds to join on the post. Her petition is thus, dismissed in limine, with the liberty to petitioner to give joining at her place of posting within five days from today. If she does not follow the directions of the Court, then the appointment letter issued to her will be deemed to be non est.