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2025:UHC:11475

HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition Service Single No. 1211 of 2020

22 December, 2025

Ginni Devi. ………….Petitioner

Versus

State Of Uttarakhand

and others. …………Respondents

Present:

Mr. Vinod Chandra, learned counsel for the petitioner.

Mr. Pradeep Hairiya, learned Standing Counsel for the State.

Ms. Indu Sharma, learned counsel for the Uttarakhand Transport Corporation.

Hon’ble Rakesh Thapliyal, J.

1. Though the petitioner is retired from service on

31.07.2020, however, she is aggrieved by the order dated

17.06.2020 and consequential order dated 09.07.2020 which was

passed at the fag end of service whereby petitioner was

reverted to the post of Labourer on the ground that petitioner

was not eligible to the post, in which she was promoted in the

year of 1999, as she was having of Prathama and Madhyama

Certificate, which are not recognized by the State Government.

2. Brief facts of the case are that the petitioner was initially

inducted in service as a Labourer in the year 1990 and

thereafter, she was promoted to the post of Junior Clerk on

06.05.1999 in U.P. Transport Corporation.

3. Learned counsel for the petitioner argued that impugned

order of reversion was passed at the fag end of service of

petitioner. He argued that petitioner was promoted to the post

of Junior Clerk on 06.05.1999 and since then she was

continuously performing her duties to the post in which she

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was promoted, but after more than twenty years, she was

reverted on the ground that qualification of Prathama and

Madhyama are not recognized by the State Government. He

submits that reversion of the petitioner at the fag end of the

service is wholly unwarranted, unjust and is improper and as

such, the order impugned is liable to be quashed.

4. In support of his argument, he has placed reliance on the

judgment of Hon’ble Supreme Court in Civil Appeal No. 217

of 2019 (Sukh Bilash Thakur Vs. the Bihar State Electricity

Board and others) which unreported judgment decided on

09.01.2019, and para 5 of the said judgment is being quoted

herein:

“5. In the facts and circumstances of the present

case, we consider the order of reversion issued

nearly twenty-five years later to be highly unjust,

inequitable and arbitrary suffering from the vice of

unreasonableness. Consequently, it is held to be

unsustainable. We also notice that the appellant

has already retired from service. The impugned

order of reversion is therefore set aside. The

appellant shall be entitled to pensionary benefits in

accordance with law as if the order of reversion had

never been passed. Pensionary benefits and other

retiral dues shall be paid to him within a period of

eight weeks from the date of receipt and/or

presentation of a copy of this order.

The dues shall carry interest at the rate of 15

per cent till the date of actual payment.”

5. Learned counsel for petitioner further submits that order

impugned has been passed by the respondents officials without

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application of mind since on the complaint of a third person

earlier an inquiry was done but nothing adverse was found and

again, on the complaint of same person dated 11.05.2018, the

respondent department proceeded with matter and an inquiry

was done and nothing adverse was found except that Prathama

and Madhyama are not recognized by the Government

6. On the other side, Ms. Indu Sharma, learned counsel for

the respondents no. 2 to 4 has not disputed that nothing

adverse has been found against the petitioner in both the

inquiries, however, she submits that since Prathama and

Madhyama are not recognized by State Government, therefore,

the official respondents were right in reverting the petitioner.

Learned counsel for the Corporation have also not disputed

that the impugned order was passed at the fag end of the

service of the petitioner on 09.07.2020 since the age of

superannuation of the petitioner was 31.07.2020.

7. After hearing learned counsel for the parties and perusing

the material available on record, it appears that there h