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ALOK KUMAR VERMA
Hemlata Joshi – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Alok Kumar Verma, J. - The present Writ Petition has been filed under Article 226 of the Constitution of India with the following relief:-
Issue a writ, rule, order or direction in the nature of mandamus commanding and directing the respondent authorities to give posting on promotional post to the petitioner at Government Junior High School, Bhimnagar, Kashipur, District Udham Singh Nagar in place of Government Junior High School, Shivpuri, Bazpur, District Udham Singh Nagar by amending/correcting the promotion order of petitioner dated 01.12.2022, keeping in view the serious health condition of the petitioner.
2. Heard Mr. D.S. Mehta, learned counsel for the petitioner and Mr. R.C. Joshi, learned Brief Holder for the State.
3. During the arguments, the learned counsel for the petitioner submitted that the petitioner has submitted a representation to the respondent no.3, District Education Officer, Primary Education, Udham Singh Nagar on the medical ground and submitted that the present writ petition may be disposed of by directing the respondent no.3, District Education Officer, Primary Education, Udham Singh Nagar to decide the said representation dated 26.12.2022 (Annexure
The main legal point established in the judgment is the court's power to issue a mandamus to direct the respondent authorities to decide the petitioner's representation on medical grounds expeditious....
The court's power to issue a mandamus to compel the performance of a public duty.
The court's decision highlighted the principle of mandamus to compel the performance of a public duty, emphasizing expeditious consideration of representations for promotion.
The legal principle established is that administrative authorities must ensure transparency and provide a fair opportunity for individuals to address grievances regarding postings.
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