Petitioner requested writ against order assigning Executive Officer charge to another officer. Court held no lien on the post and dismissed petition.
Petitioner's writ petition dismissed against order of Director, Urban Development, Govt of Uttarakhand.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WPSS No.357 of 2014 Hon’ble Sudhanshu Dhulia, J.
Mr. T.P.S. Takuli, Advocate, present for the petitioner.
Mr. Vikas Pandey, learned Brief Holder, present for the State/respondent nos.1 to 4.
Petitioner is a Senior Clerk in Nagar Panchayat, Bhimtal, District Nainital. Purely, as a stop gap arrangement, he was asked to do the work of Executive Officer by orders of the Chairman of the Nagar Panchayat dated 16th October, 2013. Now on the instruction of the Director, Urban Development, Government of Uttarakhand, the charge of Executive Officer, Nagar Panchayat, Bhimtal has been given to the Executive Officer, Nagar Panchayat, Lalkuan vide order dated 11.03.2014. It is this order which is presently under challenge.
There is, however, no anomaly in the order, as the petitioner has no lien on the post of Executive Officer, rather the petitioner has lien only on the post of Senior Clerk. Moreover, the post of Executive Officer is a centralized post.
In view thereof, no interference can be made. The writ petition is hereby dismissed. No order as to costs.
(Sudhanshu Dhulia, J.) 20.03.2014
ML
1 issue framed by the court
Whether an order assigning the charge of Executive Officer to another officer against a petitioner holding that post against his will can be impugned as an anomaly.
Senior Clerk, Nagar Panchayat, Bhimtal
State of Uttarakhand
Sudhanshu Dhulia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
