JUDGMENT

Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing)

Before this Court deals with the vitalities of the arguments, which has been extended by the learned counsel for the petitioner, as it has engaged consideration in Writ Petition (S/S) No. 723 of 2021, it becomes inevitable for the Court to deal with the manner in which the sincerity and honesty with which the petitioner has pursued his matter before this Court.

2. Before venturing to give the details of chain of litigation, this Court feels it to be appropriate to observe, that this is the six writ petitions in succession for almost the principal relief and cause of action, seeking promotion initially on the post of lecturer and subsequently thereafter on the post of Headmaster. The petitioner had filed a Writ Petition being Writ Petition (S/S) No. 463 of 2017, Girish Kumar Vs. State and others, before this Court on 29.03.2017, in which, briefly, he has stated that he was appointed on the post of Lecturer (Physics) on ad-hoc basis, as back as on 17.07.1990, and thereafter, he was posted in different Government Intermediate Colleges, situated in hilly areas; but, because of certain diseases, which he was suffering from, he has represented his case for seeking his transfer to some other institution and consequently, he contends that as a result of the appointment he was working as a Lecturer (Physics) in the Government Inter College, Manan, Almora.

3. The contention of the petitioner is that since his grievance was not being redressed, he had earlier also filed a writ petition being Writ Petition (S/S) No. 175 of 2010, which was disposed of by the coordinate Bench of this Court, to decide the representation of the petitioner, treating him to be a patient of asthma so that he may be placed at a suitable conducive place, which may suit to his physical problem, which he was suffering from.

4. The learned counsel for the petitioner contends that the respondent No. 7, had issued a Circular for transfer of the Lecturers and since his claim for being posted at the suitable place, according to his contentions raised in his representation dated 24.11.2016, was not being considered by the respondent, hence the petitioner had filed the Writ Petition (S/S) No. 463 of 2017, wherein the petitioner had prayed for the following reliefs:-

“i) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no. 1 to pass the order of promotion showing the suitable place of posting in the Government Colleges of District Udham Singh Nagar or District Haridwar or plain area of District Nainital or plain area of District Dehadun looking the ailing condition of the petitioner.

ii) Issue a writ order or direction in the nature of mandamus directing the respondents no. 1 & 2 to decide the case of the petitioner dated 24.11.2016 within two weeks or before declaring the result of promotion list of Head Master for teaching High School classes.

iii) Issue any other writ or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

iv) Award the cost of petition to the petitioner."

5. In fact, in a nutshell, if the backgrounds of the aforesaid writ petition are taken into consideration, it is an aspect of transfer which the petitioner apparently was seeking on account of the physical conditions; but, in the relief clause, the mandamus, which was sought for by the petitioner for the respondent No. 1 was, to pass a suitable order of promotion posting him at a suitable place. He had further prayed for a writ of mandamus, to the respondents to decide the case of the petitioner, as agitated by him in the representation dated 24.11.2016 before the Director, School Education, praying for redressal of his grievance to the following effect:-

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