Back
ALOK KUMAR VERMA
Lavang Lata Joshi – Appellant
Versus
Director School Education, Nanookhera, Dehradun – Respondent
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.
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 court's power to issue a mandamus to compel the performance of a public duty.
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 duty of the Statutory Authority to consider representations on their own merits and pass appropriate orders, and the court's power under Article 226 of the Constitution of India to direct the res....
The court established that a Writ of Mandamus can be issued to compel a public authority to consider a representation made by an individual, ensuring adherence to procedural fairness.
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
