Back
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Hemlata Joshi - Appellant
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition (S/S) No. 81 of 2023
Decided On : 12-01-2023
mandamus - Posting on Promotional Post - The court directed the respondent authorities to decide the petitioner's representation for posting on a promotional post at a specific school due to the petitioner's serious health condition.
Fact of the Case:
The petitioner sought a writ to command the respondent authorities to give him a posting on a promotional post at a specific school due to his serious health condition. The petitioner had submitted a representation on medical grounds, and the court directed the respondent to decide the representation expeditiously.
Finding of the Court:
The court directed the respondent authorities to decide the petitioner's representation on medical grounds expeditiously, without expressing any opinion on the merit of the case.
Issues: The issue was the petitioner's request for a posting on a promotional post at a specific school due to his serious health condition.
Ratio Decidendi: The court's decision was based on the need for the respondent authorities to decide the petitioner's representation on medical grounds expeditiously.
Final Decision: The court directed the respondent no.3, District Education Officer, Primary Education, Udham Singh Nagar to decide the petitioner's representation dated 26.12.2022 by a speaking order expeditiously, preferably within a period of four weeks from the date of receipt of the certified copy of the order.
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 No.5 to the writ petition).
4. Learned counsel for the State has requested four weeks' time to decide the said representation.
5. Having regard the submissions of the learned counsel for the parties, the present writ petition is being decided by directing the respondent no.3, District Education Officer, Primary Education, Udham Singh Nagar to decide the said representation of the petitioner dated 26.12.2022 by a speaking order expeditiously preferably within a period of four weeks from the date of receipt of the certified copy of this order.
6. It is clarified that this Court has not expressed any opinion on the merit of the case.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
