The court's decision highlighted the principle of mandamus to compel the performance of a public duty, emphasizing expeditious consideration of representations for promotion.

JUDGMENT

Alok Kumar Verma, J. - The present Writ Petition has been filed under Article 226 of the Constitution of India with a prayer to issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the representation dated 21.10.2022 of the petitioner namely, Smt. Lavang Lata Joshi.

2. Heard Mr. Lalit Samant, learned counsel for the petitioner and Mr. Pooran Singh Bisht, learned Additional Chief Standing Counsel for the State.

3. Learned counsel for the petitioner submitted that the petitioner is serving as a Head Mistress in a Government Primary School, Pet Saal Bhaisiya Chhana, District Almora. Similarly situated employee, namely Umesh Chandra Upreti and other employees have been given promotion to the post of Assistant Teacher L.T. Grade. He further submitted that juniors to the petitioner, namely Vinita Sah, Khasti Bawari and Ajeeta Airy have been promoted on the post of Assistant Teacher, L.T. Grade in Hindi subject and 19 posts of Assistant Teacher, L.T. Grade in Hindi subject (General Branch) are still vacant. Therefore, the petitioner has moved the said representation, and, the said representation is still pending before the respondent no.2-Additional Director, (School Education), Kumaon Mandal, Nainital.

4. Learned counsel for the State requested three weeks' time to decide the said representation.

5. In view of the submissions made by the learned counsel for the parties, and, in the facts and circumstances of the case, the present petition is being disposed of with a direction to the respondent no.2-Additional Director, (School Education), Kumaon Mandal, Nainital to consider the said representation dated 21.10.2022 (Annexure No.8 to the writ petition), submitted by the petitioner, by a speaking order expeditiously preferably within a period of three weeks from the date of receipt of the certified copy of this order, in accordance with the relevant rules. It is made clear that this Court has not expressed any opinion on the merit of this case.