Research › Search › Judgment

Uttarakhand High Court · body

2013 DIGILAW 714 (UTT)

SHAILENDRI UNIYAL v. STATE OF UTTARAKHAND

2013-11-12

ALOK SINGH

body2013
JUDGMENT Hon’ble Alok Singh, J (Oral). 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. 4. Notification dated 28.08.2012 is not made applicable with retrospective effect. Moreover, promotions were granted to some of the teachers, who were junior to the petitioner, as per old Government policy. However, petitioner was denied promotion for no valid reason. 5. In the humble opinion of this Court, denial of promotion to the petitioner pursuant to the Notification dated 28.08.2012, which does not have any retrospective effect, is wrong, therefore, present petition is allowed. Respondents are directed to grant promotion to the petitioner from the date her juniors were granted promotion, if petitioner is otherwise eligible, as per old Government Policy. 6. Let necessary exercise may be completed by the respondents within four weeks from today positively. 7. CLMA Nos. 9439 and 12278 of 2013 stand disposed of.